Attorney General Goolam Essaji Vahanvati and Solicitor General Mohan Parasaran have tendered their resignations upon the change of government at the Centre, as is customary given that law officers’ tenure coincides with government tenures.
The Constitution does not specify the term of office for an Attorney General and his appointment is at the Governor’s discretion. His main responsibility is advising state government on all legal issues.
1. Attorney General G.E. Vahanvati
The Attorney General is the primary legal advisor of India’s government. Appointed by President, they serve at his pleasure. Their duties include appearing before Supreme Court cases that involve government entities as well as providing advice on legal matters to President.
The position of Attorney General was first created by India’s Constitution in 1950. As per Article 286, an AG must be an Indian national who has served at least five years on any high court bench or been an advocate within 10 years, although if necessary the President may consider another person eligible if deemed an eminent jurist.
The AG can participate in Parliament, but cannot vote or practice law without being given prior consent from their Government. Regardless, this position remains an important political one.
2. Additional Solicitor General Mohan Parasaran
The attorney general serves as India’s highest law officer and chief legal advisor, providing advice to the Union Government on all legal matters and appearing before all relevant Supreme Court proceedings on its behalf. Furthermore, this position plays an essential role in shaping India’s legal system.
A Vice-President appointed by the President with advice from a Council of Ministers is to be appointed Advocate General for State. While no formal procedure or grounds exist to remove him from office, traditionally when one minister resigns the Advocate General also tends to withdraw his papers.
As opposed to other senior government officials, the Attorney General is unafraid of speaking his mind on contentious matters. He has openly criticised Government actions and the judicial system. Furthermore, he has often represented politicians such as Jayalalitha in corruption cases; thus rendering his opinions highly politicised.
3. Tamil Nadu Advocate General R. Shanmuga Sundaram
The Attorney General of India serves as India’s chief law officer and advises the government on legal matters. Additionally, they oversee legal cases in both the Supreme Court and High Court of India.
The position of Attorney General in India is of crucial significance and those occupying it play an essential part in shaping how laws are written and applied across India. As per Article 234, an AG should uphold both spirit and substance of India’s Constitution.
In order to be appointed Attorney General of India, an individual must satisfy several criteria. First and foremost they must be citizens of India with qualifications for Supreme Court judgeship; they must also have been either an advocate for five years or judges for 10 years; finally they must be considered “eminent jurist” by President.
Tradition dictates that when a new government takes office, the Attorney General resigns. But this isn’t mandatory – only some legal cases necessitate such resignation.
4. Additional Solicitor General P.S. Raman
Attorney General of each state is charged with providing advice to their government on all legal matters and acting as their representative before the Supreme Court. He is supported in his duties by Solicitor General of India as well as several Additional Solicitor Generals.
The Constitution does not specify a term limit or grounds for removal for the Attorney General, who serves at the pleasure of the President and can be dismissed at any time without being subject to formal procedures and grounds for removal.
The AG is one of India’s highest law officers and receives a salary comparable to that of a Supreme court judge. Although appointed by the government, he does not work directly for them as such and can continue private practice alongside public service responsibilities – however this can raise issues of conflict of interest. Neither can he vote in Parliament but can still protest when necessary – for instance Mukul Rohatgi criticized Aadhaar and Boundary Commission hearings at their hearings.
