GS2 PYQ (Mains Answer Writing): Attorney General of India | Indian Polity for UPSC CSE PDF Download

"The Attorney-General is the chief legal adviser and lawyer of the Government of India." Discuss (UPSC GS2 Mains)

Introduction
One part of the Attorney General’s role is that of a Cabinet Minister. In this capacity the Minister is responsible for representing the interests and perspectives of the Ministry at Cabinet, while simultaneously representing the interests and perspectives of Cabinet and consequently the Government to the Ministry and the Ministry’s communities of interest. 

• He is appointed by the President of India under Article 76(1) of the Constitution and holds office during the pleasure of the President. It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
  In the performance of his duties the Attorney-General shall have right of audience in all 
• courts The Attorney General as the Law Officer of the Executive Council because: He gives advice to the Government of India upon such legal matters, which are referred or assigned to him by the president. He performs such other duties of a legal character that are referred or assigned to him by the president. 
• He discharges the functions conferred on him by or under the Constitution or any other law. The Attorney General has a special role to play in advising Cabinet to ensure the rule of law is maintained and that Cabinet actions are legally and constitutionally valid. He shall advise the Government upon all matters of law connected with legislative enactments and upon all matters of law referred to him or her by the Government. 

Attorney General for India is primary lawyer in the Supreme Court of India because: 

• He appears on behalf of the government of India in all the cases in Supreme Court in which the Government of India is concerned. 
• He appears on behalf of the government of India in any reference made by the president to the Supreme Court under Article 143 of the constitution. 
• He appears on behalf of the government of India in any case in a high court in which the Government of India is concerned, if Government of India requires so. 

Below mentioned are the Limitations placed on the Attorney General: 

• He should not advise or hold a brief against the Government of India. 
• • He should not defend accused persons in criminal cases without the permission of the government of India. 
• • He should not accept appointment as a director in any company without the permission of government. 

Conclusion 
It should be noted that the AG is not debarred from private legal practice. He is not a government servant as he is not paid fixed salary and his remuneration is decided by the president. The Attorney General is the chief law officer of the Executive Council. The responsibilities stemming from this role are unlike those of any other Cabinet member. The role has been referred to as “judicial-like” and as the “guardian of the public interest”.

Topics covered - Attorney General of India, Judiciary in India