“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.

Responsibilities of the Attorney General of India

The Attorney General's primary responsibilities are stipulated in Article 76(2) of the Constitution and include:

• Legal Advice to the Government: To advise the Government of India on such legal matters and perform other duties of a legal character as may, from time to time, be referred or assigned by the President. This includes opinions on constitutional, civil, and criminal matters.
• Representation in Courts: To appear on behalf of the Government of India in all cases (including suits, appeals, and other proceedings) in the Supreme Court and High Courts where the Government of India is concerned. This includes references made by the President to the Supreme Court under Article 143 for advisory opinions.
• Discharge of Constitutional Functions: To discharge the functions conferred on him by or under the Constitution or any other law in force. This ensures that government policies and actions align with the legal framework.
• Legislative Counsel: Though not explicitly mentioned as a duty, the AGI often assists in drafting legislation and reviewing government policies to ensure their legality and constitutional compliance.

Rights of the Attorney General of India

The AGI enjoys certain rights to effectively discharge their duties:

• Right of Audience: Under Article 76(3), the Attorney General has the right of audience in all courts throughout the territory of India in the performance of official duties.
• Participation in Parliamentary Proceedings: As per Article 88, the AGI has the right to speak and take part in the proceedings of both Houses of Parliament, their joint sittings, and any committee of Parliament of which they may be named a member.
• Privileges and Immunities: The AGI enjoys all the privileges and immunities available to a Member of Parliament.
• Access to Government Information: The AGI can examine files and documents for legal scrutiny to provide informed advice.

Limitations of the Attorney General of India

To maintain the integrity and impartiality of the office, certain limitations are imposed on the AGI:

• No Voting Rights in Parliament: Despite having the right to speak and participate in parliamentary proceedings, the AGI does not have the right to vote (Article 88).
• Restrictions on Private Practice: The AGI is not a government servant and is not debarred from private legal practice. However, they are subject to ethical restrictions:
  • Must not advise or hold a brief against the Government of India.
  • Must not advise or hold a brief in cases where they are called upon to advise or appear for the Government of India.
  • Must not defend accused persons in criminal prosecutions without the permission of the Government of India.
  • Must not accept an appointment as a director in any company or corporation without the permission of the Government of India.
• Holds Office at President's Pleasure: The AGI holds office "during the pleasure of the President" (Article 76(4)), implying no fixed tenure and potential removal at any time, which can impact the independence of the office. Conventionally, they resign when a new government assumes office.
• Advisory, Not Executive Role: Unlike the Attorney General of the United States, the AGI in India has no executive authority; such functions are performed by the Union Law Minister.