Law Ministry: Attorney General will be Consulted First in SC Proceedings to Determine if His Attendance is Required

Tanisha Rana

Published on: September 16, 2022 at 22:21 IST

According to an office memorandum from the Ministry of Law & Justice, the Attorney General (AG) for India will be presented with all cases involving the Central government that are listed before the Supreme Court so that he may decide which ones require his presence.

The memo modifying the process for assigning cases to law enforcement personnel, issued on Tuesday, states:

“ln respect of cases before the Supreme Court, the list of cases on daily basis, will first be placed before the Ld. Attorney General for India for the purpose of his selecting the matters in which he considers his appearance to be necessary.”

The list will then be presented to the Solicitor General of India, who will select which law officer, including himself, will appear in each of the cases once the AG has given it his due attention.

After KK Venugopal steps down from the position, Senior Attorney Mukul Rohatgi is expected to succeed him as India’s fourteenth attorney general.

Rohatgi served as AG for the first time from June 2014 to June 2017; this will be his second term.

In addition, the letter states that cases in the Delhi, Bombay, Calcutta, Madras, and Karnataka High Courts shall be assigned daily by the litigator in charge or branch secretariats in collaboration with the relevant Additional Solicitor General of India.

“All the subordinate offices of this Department i.e. Central Agency Section, Litigation (High court) section and all the four Branch Secretariats at Mumbai, Kolkata, Chennai and Bengaluru, are directed to ensure strict compliance of the procedure modified as above”, the memo directs.

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