When Attorney General Resigns in India
The Attorney General of India is the highest legal officer in India, appointed by the President under Article 76 of the Constitution and serving at his pleasure.
The Attorney General of India is responsible for representing the government in all legal matters. Additionally, he serves as its top advocate before the Supreme Court.
1. When the President appoints him
Under Article 76 of the Constitution, the President appoints an Attorney General who serves at his pleasure. As chief law officer of India and with exclusive access to all courts within Indian territory, he serves as legal adviser to both sides on all legal matters as well as representing them in front of the Supreme Court.
The Attorney General is a member of the Union Council of Ministers and serves under the President’s supervision. He can be removed by the President at any time or on advice of government, and can resign by submitting his resignation to him.
According to India’s constitution, a person can only be appointed attorney general of India if they are an Indian citizen and have been an advocate for at least ten years. Additionally, they must have served as judge on any High Court in any Indian state for five years.
Another critical role of the Attorney General is that they are not members of Parliament and therefore cannot vote on matters. However, they must appear at the Supreme Court in all cases involving government and be consulted about any legal problems referred to them by the President.
As such, Attorney General Mukul Rohatgi often voices his opinion against government actions and critiques the judicial system. In the case of Aadhaar, for example, Attorney General Mukul Rohatgi declared the government’s decisions as being inconsistent with the constitution.
He also expressed displeasure with the Boundary Commission hearings, where Sir Cyril Radcliffe (chairman of the Boundary Commission) failed to hear arguments from both sides. This displayed his loyalty to the constitution.
In addition to this, other law officers in the Government of India support Attorney General in his duties. However, he remains as the highest law officer and chief advisor to the government on all legal matters.
2. When the Council of Ministers resigns or is replaced
The President of India is empowered to appoint a person to the office of Prime Minister on the advice of a Council of Ministers. This power extends even when Parliament is dissolved under Article 85 (2) of the Constitution, giving him full discretion on this matter.
When selecting Ministers, it is essential that all women are adequately represented in both the cabinet and Council of Ministers. Furthermore, members from scheduled castes, scheduled tribes, and backward classes must receive equitable representation.
Another fundamental principle is that the Council of Ministers should work together. This implies that major policy decisions are made by the cabinet before being presented to Parliament and ministers should be prepared to face any criticism leveled against them.
Ministers who do not receive recognition for their acts or the working of their Ministry should not be blamed; rather they should stand by their colleagues. Furthermore, if the Lok Sabha rejects any Bill introduced by a Minister, this must be treated as a vote of no confidence against all Ministers rather than against an individual member.
The Council of Ministers is accountable to Parliament through questions, votes of no confidence and adjournment motions. If the Government does not win over enough support in Parliament, they must resign from office.
Indian government relies on confidence from Parliament for survival; if that confidence isn’t earned, then the Government must resign immediately. Therefore, it’s essential that the Prime Minister has full support from Parliament as well.
Over the last three decades, selection of ministers has changed significantly. While ministers share many characteristics with political elites–education level and occupational endeavor–there has been an increasingly strong emphasis on consolidating and increasing prime ministerial authority and power. Strategies employed by premier ministers to achieve this dominance have been shaped by shifting public sentiment, induction of new classes and generations of elites into politics, and changing configurations within parties themselves.
3. When the President appoints a replacement
The Attorney General of India (AG) is the highest legal officer in India and serves as chief legal advisor to the government. As per Article 76 of the Constitution, he is appointed by the President and holds office until his retirement.
The President appoints an AG who must be a citizen of India and have served on some high court bench for at least five years, or an advocate in that court for at least ten years, or an eminent jurist as determined by the President.
He provides legal counsel to the Government of India on matters referred to him or assigned by the President, as well as performing any other legal duties that are imposed upon him by or under the Constitution or any other applicable laws. As a member of the Supreme Court, he sits on cases in which the government of India is involved.
When the Attorney General resigns, the President can appoint another individual to take his place and serve at his pleasure. Although removal of an Attorney General is not specifically defined in the Constitution, he or she can be removed at any time by the president.
On Wednesday, Mr Venugopal, whose term as attorney general will expire on June 30, was reappointed to the post for three months. He had served in that capacity since July 2017 but initially expressed reluctance to continue.
He was eventually persuaded to extend his tenure, succeeding senior advocate Mukul Rohatgi who declined the offer to continue as A-G.
The office of the Attorney General has a significant impact on how laws are written and applied in India. He has set the direction for Indian democracy, upholding both its essence and spirit in accordance with Indian values. Furthermore, he ensures that laws are upheld by courts according to these same principles.
The office of Attorney General in India holds a unique and significant place, and there are many examples from around the world of successful leaders who have played an influential role in shaping legal systems. It is therefore imperative that K K Venugopal, as Attorney General, continues his important work shaping and upholding India’s laws.
4. When the President appoints a successor
The Attorney General is the chief legal advisor and advocate in the courts for the Indian government. Appointed by the President upon advice of the Union Council of Ministers pursuant to Article 76 of the Constitution, he serves at the pleasure of the President and has right of audience in all courts within India; additionally he receives remuneration as provided for in Article 76(4).
Furthermore, the AGI has the authority to speak on behalf of India in Parliament and joint sittings, as well as any committee of Parliament he may be appointed to serve on. Furthermore, he represents the Government of India before the Supreme Court in any case referred to it by the President.
Unfortunately, he does not possess the right to vote. This is because according to Article 74 of the Constitution, AGI does not possess such power.
Another important point to note is that the AGI does not need to take an oath of allegiance before beginning his duties. On the contrary, both the Chief Justice of India and Comptroller and Auditor-General must take an oath or affirmation before commencing their tasks.
Although this distinction in how the AGI office is perceived makes for a distinct point in how its function is understood, it does not imply that its framers intended for it to act independently of the president. Indeed, discussions in the Constituent Assembly demonstrate that these same framers specifically rejected proposals which would have made his tenure coterminous with that of Prime Minister who advises President on appointment.
Despite these limitations, the AGI is an integral part of Indian politics and plays a pivotal role in our nation’s legal system. Therefore, it’s essential that they perform their tasks competently and efficiently; additionally, people must respect and trust them as an honest representative of India.