R Venkataramani, an esteemed Supreme Court lawyer, has assumed the role of India’s Attorney General after succeeding K K Venugopal as his predecessor. Unlike his counterpart in the US, R Venkataramani does not possess executive authority or be debarred from private practice like his counterpart would.
Indian legal service provides advice and representation in various legal matters to Ministries/Divisions of the Central Government, litigates before Bombay High Court, Supreme Court, and other courts; draft bills/ordinances that are introduced into Parliament; conduct litigation; draft legislation/ordinances which become law; etc.
He is appointed by the President
The Attorney General serves as the primary legal advisor and representative of the government before the Supreme Court, appointed by President and serving at his pleasure. Current Attorney General is R Venkataramani; K K Venugopal will take his place starting October 1, 2022. They cannot represent individuals directly but instead act as an advocate for any idea they feel could benefit the nation as a whole.
He is expected to offer advice and representation when requested by the President on any matter pertaining to government action in either Supreme or lower courts, appearing for it in cases before them as needed. In addition, he can address either House of Parliament without holding a vote and fulfill other tasks of legal nature assigned by him.
Mukul Rohatgi, the inaugural AG, stressed the nonpolitical nature of his office; however, his successors have not always adhered to this tradition; for example, his arguments against criminalising same-sex marriage were founded upon Victorian values and an “operative” approach rather than on constitutional principles.
He is a member of the Central Cabinet
The Attorney General of India serves as chief legal advisor and representative for the Union Government before Supreme Court cases. Appointed by President, he serves at his pleasure. Under Indian Constitution there is no fixed tenure for this office – thus his removal can occur at any time by President.
R Venkataramani became Attorney General on October 1, 2022 after succeeding K K Venugopal as AG. A strong lawyer with integrity and impartiality must occupy this post; additionally he should possess knowledge in all areas of law.
The Attorney General of India must refrain from issuing recommendations or statements critical of the government and giving advice to any ministry, department, statutory body, or public sector company unless requested by the Department of Legal Affairs at the Ministry of Law and Justice.
He is not a full-time government employee
The Attorney General of India plays an indispensable role in India’s legal system. As their name suggests, he or she serves as advisor to both President and government on any legal matters that they bring up for consultation; additionally he appears on behalf of government in Supreme Court cases that arise out of those referrals. Attorney Generals have played pivotal roles in several key legal battles throughout its history that focus on human rights or minority rights protection.
He can appear before any court in India and address both houses of parliament, though without voting rights. He can also participate in parliamentary committees without being eligible to cast votes.
To become India’s Attorney General, one must have served five years as either a state court judge or 10 years as high court advocate, must be an Indian national citizen, and be seen by President as an exceptional jurist. Although there is no specific length for his tenure as AG under Indian Constitutional guidelines; rather it coincides with each government.
He can practice law in private
The attorney general in India serves as India’s highest legal officer. They represent government interests in court cases and represent it before Parliament. Though not full time employment, this position still has many privileges comparable to being an elected member, such as speaking at legislative proceedings but not voting rights.
R Venkataramani, currently serving a three-year term, is an experienced Supreme Court lawyer with 42 years of experience at this highest court of the land. Beginning his legal career by joining the Tamil Nadu Bar Council and working for Senior Supreme Court Advocate PP Rao before starting his own practice.
Privately, he may still practice law, but any briefs taken against the government and directorships accepted must first receive approval from the government in order to guarantee proper administration and selection procedures are adhered to. This ensures that politics doesn’t interfere with his job duties.