2025 · GS Paper 2 · Q5 · 10 marks

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.

In short

The Attorney General advises the Union on referred legal questions, argues its cases and Article 143 references, and screens private contempt pleas, with audience in all courts and a voice in Parliament. Holding office at the President's pleasure without fixed tenure limits the office's independence.

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
Article 76 makes the Attorney General, a person qualified to be a Supreme Court judge, the Union's highest law officer, holding office during the President's pleasure. From M.C. Setalvad to the 2025 Presidential Reference, the office has shaped how the Union frames and defends its laws.
Responsibilities in Guiding the Union's Legal Framework
•

Chief legal adviser

Under Article 76(2) the AG advises the Union on legal questions the President refers, testing Bills and executive actions before they are challenged.

•

Union's advocate

The Law Officers Rules, 1987 require the AG to argue the Union's cases, as in the electoral bonds case (2024), and its view in Article 143 references.

•

Gatekeeper of contempt

Section 15 of the Contempt of Courts Act, 1971 makes the AG's consent a filter on private criminal contempt pleas, granted against Kunal Kamra in 2020.

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Bridge between organs

Articles 76(3), 88 and 105(4) give audience in every court and a voice, without vote, in Parliament.

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Independence at risk

With no fixed term, the AG resigns with the government by convention, so candid advice can cost the post.

•

Advocate or adviser

The 2023 submission that citizens had no right to know political funding sources, rejected by the Court, shows the brief crowding out the Constitution.

Conclusion
The AG's rights span all three organs, but sound counsel depends on the incumbent's independence. A fixed tenure and published opinions would make the AG counsel to the Constitution, not only to the government of the day.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Hand-drawn diagram: Rights Versus Limitations. Rights Versus Limitations. Comparison of Rights and Limitations
Diagram: Rights Versus Limitations

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Constitutional Bodies14 questions

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Question from the official UPSC Civil Services (Main) Examination 2025 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.

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