Article 64

Article 64 of the Constitution of India endows the Union with the exclusive authority to appoint an Attorney General, who functions as the chief legal adviser to the Government of India and as its principal advocate before the Supreme Court and other courts. Enshrined in the original text adopted on 26 January 1950, the provision creates a constitutional office intended to furnish the State with independent, high‑level counsel while preserving the separation of legal advocacy from political decision‑making.

Historical Background

The framers incorporated Article 64 after extensive debate in the Constituent Assembly, where Dr B. R. Ambedkar and Sir Alladi Khanolkar argued that a single, constitutionally guaranteed legal officer would safeguard the Union’s interests in a federal structure. The provision mirrors the British Attorney General but limits the role to advisory and representational functions, deliberately excluding prosecutorial powers that reside with the Director General of Prosecutions.

M. C. Chagla became the first Attorney General on 26 January 1950, serving until 1951 before his elevation to Chief Justice of the Bombay High Court. His tenure set precedents for the office’s independence, as he refused to intervene in political matters unrelated to legal advice, a practice echoed by successive holders such as Niren De (1951‑1963) and C. K. Daphtary (1963‑1977).

Constitutional Mechanism and Appointment

Article 64 states, “There shall be an Attorney General of India” and adds that “the Attorney General shall be appointed by the President.” Eligibility is defined by Article 124(3): the appointee must be qualified to be a Supreme Court judge, i.e., a High Court judge for at least five years, an advocate of a High Court for at least ten years, or a distinguished jurist. The appointment is made at the President’s pleasure, without a fixed term, and is normally effected on the advice of the Union Council of Ministers, most often the Law Minister.

The most recent appointment occurred on 1 August 2022, when President Droupadi Murmu named R. Venkataramani as Attorney General, following a recommendation from Prime Minister Narendra Modi’s cabinet. Removal, likewise, is exercised by the President and has historically been prompted by resignation rather than dismissal; the last voluntary resignation was tendered by Gopal Prasad Mishra in 2017.

Functions and Powers

The Attorney General’s statutory duties are threefold: to advise the Government on legal questions, to represent the Union in the Supreme Court and, when directed, in any High Court, and to perform any other legal business the Government entrusts to him. Section 2 of the Attorney General’s (AG) Office Act 1959 empowers the AG to appear in any court, but the AG may not plead in matters where the Government is a party unless expressly authorized by the Union. While the AG enjoys the same privileges and immunities as a Supreme Court judge while performing official duties, he is not a member of the judiciary and may be summoned before Parliament to answer questions on legal policy.

In practice, the AG’s opinions are binding on the executive; for instance, the 2018 Supreme Court hearing on the Citizenship Amendment Act relied on the AG’s written submission to frame the Union’s constitutional position. The office maintains a permanent cadre of roughly 200 lawyers, who assist in drafting opinions, preparing briefs, and coordinating inter‑departmental legal strategy.

Evolution of the Office

From the 1950s through the 1970s, Attorneys General such as Niren De expanded the advisory remit, producing comprehensive opinions on fiscal federalism and foreign policy. The 1990s witnessed a shift toward handling complex commercial and environmental litigation, exemplified by S. V. Gupte’s representation of the Union in the landmark M.C. Mehta v. Union of India (1997) case on air‑pollution standards.

Recent incumbents have navigated novel domains: the 2020‑2021 pandemic prompted the AG to advise on emergency powers under Article 352, while the 2023 Supreme Court challenge to the Digital