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.

Model Answer:

The Attorney General (AG), appointed under Article 76, serves as the Union Government’s chief legal advisor and primary representative in judicial proceedings, ensuring constitutional governance and rule of law.

Key Responsibilities in Guiding Legal Framework:

• Advisory Functions: Provides crucial legal counsel on constitutional interpretation, bills, ordinances, and international treaties referred by the President. This includes guidance on complex matters like Article 370 abrogation, CAA validity.

• Representative Role: Appears for the Government in Supreme Court and High Courts, presenting the state’s perspective in critical cases including electoral bonds, retrospective taxation matters.

• Parliamentary Participation: Exercises the right to speak in both Houses and committees without voting rights, offering expert legal opinions during legislative deliberations.

Rights Enabling Effective Functioning:

The AG enjoys right of audience in all courts, parliamentary privileges of MPs, and can maintain private practice with restrictions, ensuring independence while serving public interest.

Constitutional Limitations:

• Cannot advise against Government of India
• Restricted from defending criminal accused without permission
• Prohibited from corporate directorships without approval
• No voting rights despite parliamentary participation

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.