QUES . “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. Answer in 150 words. 10 marks. UPSC MAINS 2025 GS PAPER 2
HINTS:
The Attorney General (AG), appointed under Article 76, serves as the principal legal advisor to the Union Government and primary representative in judicial proceedings. This office holds significant importance in the Indian legal system and governance.
Responsibilities of the Attorney General
As the chief law officer of the Government of India, the responsibilities of the AG include the following:
1. To give advice to the Government of India upon such legal matters, which are referred to him by the president.
2. The AGI defends central laws challenged for constitutional validity, thereby shaping jurisprudence.
3. By clarifying the legal sustainability of executive policies, the AGI ensures that governance remains within the framework of the Constitution.
4. To perform such other duties of a legal character that are assigned to him by the president.
5. To discharge the functions conferred on him by the Constitution or any other law.
What are the duties and responsibilities assigned by the President to the Attorney General?
The President has assigned the following duties to the AG :
1. To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.
2. To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
3. To appear (when required by the Government of India) in any High Court in any case in which the Government of India is concerned.
Rights of Attorney General
●In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India.
●He has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to vote.
●He enjoys all the privileges and immunities that are available to a member of Parliament.
Limitations of the Attorney General
Following limitations are placed on the Attorney General in order to avoid any complication and conflict of duty:
● He should not advise or hold a brief against the Government of India.
● The AG is not a Cabinet Minister and cannot participate in decision-making beyond advisory functions.
● He should not defend accused persons in criminal prosecutions without the permission of the Government of India.
● Although AG can participate in parliamentary proceedings, he cannot take part in the voting process, limiting his influence on legislation.
● He should not accept appointment as a director in any company or corporation without the permission of the Government of India.
● The AG lacks a fixed tenure and serves at the pleasure of the President, creating scope for political vulnerability.
● He should not advise any ministry or department of Government of India or any statutory organization or any public sector undertaking unless the proposal or a reference in this regard is received through the Ministry of Law and Justice, Department of Legal Affairs.
● His advice is not binding and can be challenged in courts if found unconstitutional, limiting the weight of his counsel.
However, these limitations prevent conflicts of interest while maintaining the office’s dignity and impartiality.
Conclusion
The AG balances legal propriety with government policy, safeguarding constitutionalism while enabling effective governance through sound legal counsel. Thus, the Attorney General of India is a pivotal figure in the Indian legal and governance system.
