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"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.

Attorney General of India

Attorney General of India

Responsibilities

  1. Constitutional defense: The AG defends the Union in apex courts, recently arguing for the Electoral Bonds Scheme (2024) and the Article 370 abrogation.
  2. Litigation management: With the state driving nearly 50% of litigation, the AG filters appeals using LIMBS under the National Litigation Policy.
  3. Contempt gatekeeper: The AG's consent is legally mandatory before citizens can initiate Supreme Court criminal contempt proceedings, saving crucial judicial time.
  4. Federal disputes: Counsel is provided in macro-economic disputes, such as the 2024 Kerala v. Union of India borrowing limits case.

Rights

  1. Universal audience: The AG possesses the constitutional right to appear in all Indian courts to represent the government.
  2. Parliamentary privileges: Under Article 88, the AG can speak in Parliament and its committees without voting power.
  3. Private practice: The AG can maintain private legal practice, provided no conflict of interest exists with the Union.

Limitations

  1. Strict compliance: The AG cannot advise against the state or defend criminal accused without explicit government permission.
  2. No executive power: The office provides counsel; final policy authority rests with the Union Minister of Law and Justice.
  3. Subordinate dependency: A March 2026 Parliamentary Committee flagged 12 vacant Additional Solicitor General posts, severely straining the AG's representation capacity.

Filling subordinate law officer vacancies and institutionalizing the National Litigation Policy will strengthen the AG's ability to ensure sound governance and promote the state as a responsible litigant.

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