Core demand of the question
- Responsibilities of Attorney General of India
- Rights of Attorney General of India
- Limitations of Attorney General of India
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Introduction
The Attorney General of India (Article 76) is the highest legal advisor to the Union Government, ensuring legality in governance and representing the state in courts, thereby maintaining the constitutional and legal framework of India.
Body
Responsibilities of the Attorney General of India
- Legal Advisor to the Government: Advises the President and Union Government on constitutional, civil, and criminal matters (Article 76(2)).
- Representation in Courts: Appears in the Supreme Court and High Courts on behalf of the Union, safeguarding state interests (Article 76(3)).
- Drafting Opinions & Bills: Reviews legislative proposals and government policies to ensure legality.
- Safeguarding Constitutional Provisions: Ensures that executive actions conform to the Constitution.
- Participation in Parliamentary Proceedings: Can participate in debates in Parliament without voting rights to clarify legal points (Article 88).
Rights of the Attorney General of India
- Right of Audience: Can appear in any court in India on behalf of the Union (Article 76(3)).
- Right to Advice: Can offer opinions on legal matters requested by the President, PM, or Union ministries.
- Privilege of Official Communication: Communications with the government enjoy confidentiality.
- Access to Government Information: Can examine files and documents for legal scrutiny.
Limitations of the Attorney General of India
- Non-voting Role: Cannot vote in Parliament despite attending proceedings (Article 88).
- Political Neutrality: Must act impartially, cannot hold any office of profit or political position.
- Restricted to Union Government: Cannot advise states or private parties without government consent.
- Advisory, Not Executive: Cannot enforce decisions, only recommends or represents legally.
Conclusion
The Attorney General ensures that the Union Government functions within the legal framework, balancing governance with constitutional safeguards, while operating under well-defined limitations to maintain neutrality and legality.