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.

Q No. 5- 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.  

Model Answer

The Attorney General (AG) of India, established under Article 76, is the highest law officer of India and he is the chief legal advisor to the Union. He plays a pivotal role in upholding constitutional governance through impartial legal counsel and court representation.

Responsibilities of the Attorney General  

• Legal Adviser (Article 76) – Guides the Union Government on constitutional and legal matters, ensuring policies and executive actions remain within the framework of law.
• Court Representation (Article 76) – Represents the Union Government in the Supreme Court , High Courts and all other courts , defending the legality of its decisions.
• Advisory Role (Article 143): Appears before the Supreme Court in Presidential references.
• Parliamentary Assistance (Article 88) – Participates in parliamentary proceedings, assists committees, and clarifies legal aspects during drafting and discussion of bills .
• Advisory Role to Other Law Officers – The Attorney General provides guidance to the Solicitor General of India and Additional Solicitors General. This ensures consistency and coordination in the Union’s legal strategy across all levels of the judiciary.

Rights of Attorney General 

• Right of Audience (Article 76) – The Attorney General enjoys the right to appear and be heard in any court across India, ensuring the Union’s voice is legally represented at all levels.
• Right to Speak in Parliament (Article 88) – He may participate in parliamentary discussions, offer legal clarity, and assist committees, though he does not enjoy the right to vote.
• Parliamentary Privileges (Article 88) – Entitled to the same privileges as Members of Parliament, which allows him to discharge his duties with independence and without fear of repercussions.

Limitations of the Attorney General

• Remuneration – Unlike judges or civil servants, the AG has no fixed salary; he receives fees decided by the President, which raises concerns of dependence on the executive
• Restrictions on Private Practice – The AG cannot appear against the Union or any state, defend accused in cases involving the government, or advise companies without prior permission, ensuring undivided commitment to the Union’s legal interests.
• No Voting Rights – While the AG can speak and participate in parliamentary proceedings, he has no right to vote, which limits his role to advisory rather than legislative.
• Political Affiliation & Neutrality – Unlike judges, the Attorney General can be a member of a political party. Several AGs in the past were Rajya Sabha members or politically aligned, raising debate on whether political links undermine neutrality.
• Conflict of Interest & Criticism – Though constitutionally expected to be impartial, the Attorney General is appointed by the executive and serves at its pleasure. Critics argue the office often functions more as a legal advisor to the ruling party than as a guardian of the Constitution.
• Lack of Accountability – The Attorney General is not answerable to Parliament or judiciary for advice given to the government, leading to limited checks on the correctness or objectivity of opinions rendered.
• Transparency Concerns – Legal opinions provided by the Attorney General are usually confidential and not made public, reducing transparency and preventing public scrutiny of advice on critical constitutional matters.
• Tenure and Removal – The Constitution fixes neither a term of office nor a removal procedure. The Attorney General holds office during the President’s pleasure, making the position vulnerable to executive control and undermining security of tenure.

Examples of strong, independent AGs like M.C. Setalvad shows credibility rests on impartiality. Reforms such as banning private practice, ensuring fixed tenure, codified remuneration, parliamentary oversight, and a clear ethical code can strengthen independence, ensuring the Attorney General remains the true guardian of constitutional governance and democratic accountability.

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