Q5. “The Attorney General of India plays a crucial role in guiding the legal framework of the Union Government and ensuring sound governance through legal counsel.” Discuss his responsibilities, rights and limitations in this regard.
Possible Introductions
Constitutional Intro:
The Attorney General of India (AGI), established under Article 76 of the Constitution, is the highest law officer of the country, appointed by the President, to provide legal advice to the Union Government.
Philosophical:
As the bridge between law and governance, the AGI safeguards the Union Government’s legal standing while upholding the constitutional framework.
Fact-based:
The AGI is not a political executive but a constitutional functionary whose guidance influences legislation, litigation, and governance practices.
Main Body
1. Responsibilities of the Attorney General
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- Legal Adviser: Advises Union Government on legal matters (Art. 76).
- Court Representation: Represents the Union in Supreme Court and High Courts.
- Public Interest Cases: Defends Centre’s stand in constitutional matters (e.g., abolition of Art. 370, NJAC, Aadhaar).
- Drafting & Vetting: Examines legal validity of bills, ordinances, treaties, international agreements.
- Reference Role: Appears in cases where President seeks SC’s advisory opinion (Art. 143).
- Guardian of Constitutionality: Ensures government actions withstand judicial scrutiny.
2. Rights of the Attorney General
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- Right of Audience: Can appear in any court in India.
- Right to Participate in Parliament: May take part in Lok Sabha/Rajya Sabha proceedings and parliamentary committees.
- Right to be Heard: Can express legal opinions in the Houses, though without voting rights.
- Privileges: Enjoys rights of a Member of Parliament regarding freedom of speech in Parliament.
3. Limitations of the Attorney General
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- No Executive Authority: Unlike a minister, AGI has no powers of decision-making in governance.
- No Political Role: Cannot vote in Parliament or hold office of profit.
- Conflict of Interest Restrictions: Cannot advise or represent against the Government of India or a state government/public corporation in which the Union has an interest.
- Tenure & Independence Issues: Holds office during the pleasure of the President → lacks fixed tenure/security, which may affect independence.
- No Binding Advice: Government is not constitutionally bound to accept AGI’s advice.
Sweet Spot – Table
| Dimension | Details |
|---|---|
| Responsibilities | Legal adviser, represent Union in courts, vet bills/treaties, appear in Presidential references |
| Rights | Audience in courts, speak in Parliament, attend committees, privileges of MPs |
| Limitations | No voting rights, no executive authority, restricted private practice, lacks fixed tenure, advice not binding |
Possible Conclusions
Balanced:
The AGI is vital in ensuring legality of governance and guiding the Union through constitutional complexities, though his powers are largely advisory.
Policy-linked:
Strengthening the office with greater independence and accountability could enhance rule of law and trust in governance.
Philosophical:
In a constitutional democracy, the Attorney General exemplifies the principle that governance must be both politically responsible and legally sound.
Forward-looking:
For India@2047, reforms ensuring greater institutional autonomy of the AGI may be necessary to strengthen the credibility of government decision-making.
