UPSC Previous Year Question | Mains GS2 | 2020

The Attorney-General is the chief legal adviser and lawyer of the Government of India. Discuss. (Answer in 250 words)

Answer

Introduction

Article 76 creates the office of Attorney-General, the Union’s highest law officer, appointed by the President from among persons qualified to be a Supreme Court judge.

Analysis

Role and functions

  • Advises the Union government on legal matters referred by the President or assigned by the executive.
  • Performs duties of a legal character assigned by the President and appears for the Union in courts.
  • Has the right to audience in all Indian courts and can participate in parliamentary proceedings without a vote.
  • Represents the government in constitutional litigation and helps defend the legality of executive action.

Constitutional position

The Attorney-General holds office during the President’s pleasure and receives remuneration fixed by the President. Unlike a minister, the office is not a full-time civil post; professional practice is subject to restrictions and conflict-of-interest concerns.

Significance and concerns

As government is the largest litigant, independent and candid legal advice is vital. Perceived proximity to the executive, selective disclosure and conflict between public duty and private practice can weaken trust.

Conclusion

The office combines advocacy with constitutional responsibility and must preserve professional independence and fidelity to law.

The Attorney-General must therefore combine loyalty to the elected government with loyalty to the Constitution. Transparent conventions, disclosure of conflicts and reasoned legal advice strengthen both executive decision-making and public confidence in constitutional governance.

Keywords

Article 76; law officer; constitutional advice; right to audience

Topics: attorney-general of india, constitutional offices, executive accountability, polity