Q.23 “The Attorney-General is the chief legal adviser and lawyer of the Government of India.” Discuss. GS-II: POLITY (UPSC CSE 2019)

Answer:

INTRODUCTION:

The Attorney-General is appointed by the President of India under Article 76(1) of the Constitution. The appointee must be qualified to be a judge of the Supreme Court, meaning they should have been a judge of a High Court for at least five years or an advocate of a High Court for at least ten years, or be a distinguished jurist in the President’s opinion.

BODY:

Chief Legal Adviser: As the chief legal adviser to the Government of India, the Attorney- General:

• • Advises the government on complex legal matters referred by the President or the government.
  • Provides legal opinions on constitutional, statutory, and administrative issues.
  • Assists in drafting and reviewing important legislation and legal documents.
  • Has the right to speak and participate in proceedings of both Houses of Parliament and their joint sittings (Article 88) but cannot vote.

Government’s Chief Lawyer: The Attorney-General represents the Government of India in various legal capacities:

• • Appears on behalf of the government in the Supreme Court in cases of constitutional importance.
  • Represents the Government of India in the Supreme Court and High Courts in cases involving the Union government.
  • Represents India in international legal forums and arbitrations.
  • Defends government actions and policies in courts when challenged.

COMPARISON WITH SOLICTOR GENERAL AND ADDITIONAL SOLICITOR GENERALS

The Solicitor General and Additional Solicitor Generals are statutory positions, not mentioned in the Constitution. The Solicitor General and Additional Solicitor Generals are appointed by the Appointments Committee of the Cabinet (ACC). The Solicitor General assists the Attorney General and performs similar functions. The Solicitor General and Additional Solicitor Generals do not have Parliamentary privileges. There are more restrictions on private practice for the Solicitor General and Additional Solicitor Generals. The Solicitor General and Additional Solicitor General’s typically have fixed terms of 3 years.

Limitations and Ethical Considerations: Despite the extensive powers, the office comes with certain limitations:

• • Cannot advise or appear against the Government of India.
  • Restricted from defending accused persons in criminal proceedings without government permission.
  • Cannot take up any directorship in companies without government approval.

Comparison with Other Jurisdictions: The role of India’s Attorney-General differs from similar positions in other countries:

• • Unlike the US Attorney General, India’s AG does not have executive authority over law enforcement.
  • The Indian AG’s role is more advisory and representative, like the UK’s Attorney General. Attorney General in the UK is a member of the government and parliament, highlighting differences in roles internationally.

Challenges and Criticisms:

• • Concerns about political influence, as the appointment is made on the advice of the government.
  • Debates over the extent of independence in providing legal advice.
  • Questions about potential conflicts of interest when the Attorney-General continues private practice.

CONCLUSION:

This position bridges the gap between the executive and judiciary, ensuring legal compliance and representation at the highest levels. The effectiveness of this role depends not only on the constitutional provisions but also on the integrity and competence of the individual holding the office.