The Attorney-General of India (Article 76), is the highest law officer of the Union Government. He plays a vital role in upholding the rule of law and ensuring constitutional governance.
Constitutional Position and Functions
As legal adviser
Legal Adviser to the Government (Article 76(2)) on matters referred to him by the President.
Advisory Role in Legislation – Consulted in drafting Bills, Presidential references (Art. 143), and interpreting constitutional provisions.
Ex-Officio Role – Participates in Parliamentary proceedings (without voting rights) to clarify legal positions.
Facilitator of Constitutional Mechanism – By advising the President and other governmental bodies, the AG ensures the constitutionality of laws and executive actions, thus maintaining the integrity of the Constitution.
As Lawyer of GoI
Representation in Courts on behalf of the Union. Eg- in the Triple Talaq and Rafale Deal cases.
Right of Audience in all Indian courts, even without being a party.
Defends Union Actions – Represents the government in public interest litigations, constitutional disputes, and international arbitration matters. Eg- M.C. Setalvad (1950-1963) – Defended the constitutionality of preventive detention laws under Article 22 in A.K. Gopalan case
Limitations
Unlike the U.S. Attorney General, who heads the Department of Justice and oversees federal law enforcement, the Indian AG has no administrative or prosecutorial powers.
No Fixed Tenure – Holds office at the President’s pleasure.
Conflict of Interest – Can practice privately, though not against the government.
Lacks constitutional safeguards or autonomy like the CAG or EC.
Uncertain Service Conditions – Remuneration and terms decided by the executive.
Limited Accountability – Not answerable to Parliament for advice or actions.
Way Forward
UK – Shawcross Principle– Ensures the AG’s independence in prosecutorial decisions
Provide a minimum fixed term to safeguard the AG’s independence from executive pressure.
Require periodic reporting to Parliament on key legal opinions and government litigation.
Code of Ethics to ensure the AG upholds constitutional morality and political neutrality.
Strengthening this office’s autonomy, institutional capacity, and ethical standards is vital for preserving the rule of law.