UPSC Mains 2025 GS Paper 2 Question Paper
Q. “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.
Introduction:
The Attorney General for India, appointed under Article 76 of the Constitution of India, is the chief legal advisor to the Government of India and plays a key role in ensuring legality in governance.
Responsibilities
- Legal Advisor to Union Government
Advises ministries on constitutional, legislative and international law issues. - Representation in Courts
Represents Government before the Supreme Court of India and High Courts in important cases. - Opinion on Constitutional Matters
Advises the President under Article 143 (Presidential reference) and government on constitutional interpretation. - Legislative Guidance
Assists in drafting and vetting bills, ordinances and legal policies. - International Legal Matters
Advises on treaty obligations and international disputes.
Rights and Privileges
- Right to Audience
Can appear in any court in India. - Participation in Parliament
Can speak and participate in proceedings of Parliament and committees but cannot vote. - Access to Government Information
Entitled to necessary documents to provide legal advice.
Limitations
- Not a Full-time Government Servant
Allowed to practice privately, subject to restrictions. - Restrictions on Private Practice
Cannot appear against the Government of India. - Executive Influence
Appointed and removed by the President on advice of the Union Government, raising concerns about independence. - Advisory Role Only
Legal advice is not binding on the government.
Importance for Governance
- Ensures constitutional compliance of executive actions.
- Strengthens rule of law and legality in policy-making.
- Provides legal defence in major constitutional cases before the judiciary.
Conclusion:
Thus, the Attorney General for India serves as a crucial bridge between law and governance, though institutional independence and clarity in role remain essential for effective legal oversight of the executive.
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