Again in the same case, Vahanvati's role came under scrutiny after allegations of impropriety and coercion emerged from his junior law officer, Harin P. In late April 2013, in coal-gate scandal, Vahanvati was accused of misrepresenting facts in the top-most court of India.
#ATTORNEY IBANEZ EX MCALLEN ISD SCHOOL BOARD MEMBER 1990 TRIAL#
In 2G spectrum case, he became the first Attorney General in India's history who had to testify as a witness in a corruption case in a trial court. Ĭuring the UPA-II government (2009–2014), the conduct of Attorney General Goolam Vahanvati was criticised in a number of cases. Banerjee's opinion absolving Ottavio Quattrocchi in the Bofors scandal has also been viewed as "devaluing and eroding the Attorney General's position". In a direct condemnation of the government which asked the CBI to heed attorney general Milon Banerjee's opinion and close the case against Mayawati, the Supreme Court told the agency not to go solely on the AG's opinion and place all evidence before it. Banerjee's opinion absolving Mayawati in the Taj corridor case was ignored by the Supreme Court. Similarly, in 2005, when the UPA government was planning a possible coalition with Mayawati, Milon K. Niren De during Indira Gandhi replied to a question by Hans Raj Khanna stating that even the right to life can be suspended during emergency. Ĭuring some of the AG tenures, it has been felt that the attorney general has gone too far. On several occasions however, the opinions pursued by the Attorney General appear to have been extremely politicised. Nevertheless, it is a constitutional authority, and his or her opinions are subject to public scrutiny. The Attorney General is selected by the Government and acts as its advocate, and hence is not a neutral person. It has become a tradition that the Attorney General resigns when a new government is formed. Politicisation of the Attorney General įurther information: Indian Emergency (1975–77), Bofors scandal, Taj corridor case, 2G spectrum case, and Indian coal mining controversy 4,000 per month, except during the period of his leave. Moreover, the Attorney General for India is also paid a sumptuary allowance of Rs. In addition to the above fee payable for cases, a retainer fee is paid to the Attorney General for India, Solicitor General of India and the Additional Solicitors General at the rate of ₹50,000, ₹40,000 and ₹30,000 per month, respectively. Settling pleadings (including affidavits)įor giving opinions in statements of cases sent by the Ministry of Lawįor written submission before the Supreme Court, High Court, and Commissions of Inquiry or Tribunals and the like Special leave petitions and other applications Suits, writ petitions, appeals and references under article 143 Rates of fees payable for appearance and other work. All references to the Attorney General are made by the Law Ministry.įee and allowances payable to the law officers (including Attorney General for India, Solicitor General of India and the Additional Solicitors General) of the Government of India are as under: S.No. The Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted. The Attorney General is assisted by a Solicitor General and Additional Solicitors General. They cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government. The Attorney General can accept briefs but cannot appear against the Government. Also the AG is not a government servant and is not debarred from private legal practice. Those functions are performed by the Law Minister of India. Like the Attorney General of the United States, the Attorney General for India have executive authority. They also represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
The Attorney General appears on behalf of Government of India in all cases (including suits, appeals and other proceedings) in the Supreme Court in which Government of India is concerned. The Attorney General has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, though not to vote. They also perform other legal duties assigned to them by the President.
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