"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.

GS 2
Indian Polity
2025
10 Marks

The Attorney General of India (AGI), established under Article 76 of the Constitution, is the highest law officer of the country. As the chief legal advisor to the Union Government, the AGI ensures that governance is conducted within the framework of the Constitution and the law.

Responsibilities of Attorney General

Advisory Functions:

  • Provides legal advice to the Government of India on constitutional and legal matters
  • Assists in drafting legislation and reviewing policy frameworks for legal compliance
  • Offers opinions on international treaties and bilateral agreements
  • Guides government on constitutional interpretation in complex governance issues
  • Reviews ordinances and executive decisions for constitutional validity

Representation Duties:

  • Appears for the Government of India in all Supreme Court cases where the Union is a party
  • Represents the government in constitutional matters and important legal proceedings
  • Handles cases involving public interest and national security concerns
  • Defends government policies in judicial review proceedings

Rights of Attorney General

Parliamentary Privileges:

  • Right to speak in both Houses of Parliament without voting rights
  • Can participate in joint sessions and committee proceedings when invited
  • Access to parliamentary debates and legislative discussions
  • Right to audience in all courts throughout India

Professional Rights:

  • Enjoys precedence and special status in court proceedings
  • Can engage in private practice with government permission (though restricted against government interests)
  • Entitled to official residence and security arrangements

Limitations of Attorney General

Professional Restrictions:

  • Cannot advise against the Government of India or hold brief against it
  • Prohibited from taking cases that conflict with government interests
  • Cannot practice in subordinate courts without special permission
  • Restricted from political activities during tenure

Tenure Limitations:

  • Holds office at the pleasure of President, lacking fixed tenure
  • Not a full-time government counsel, unlike Solicitor General
  • Cannot initiate suo moto legal proceedings independently

The Attorney General of India serves as a vital link between law and governance, ensuring that executive actions remain constitutionally valid. However, his effectiveness depends on balancing his role as a government advisor with the need for independence and integrity in upholding the rule of law.

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