"The Attorney General of India plays a crucial role in guiding the legal framework of the Union Government and ensuring sound…

"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. (Answer in 150 words) 10 marks

हिंदी में प्रश्न पढ़ें

"भारत का महान्यायवादी (एटर्नी जनरल) केन्द्र सरकार के कानूनी ढांचे का मार्गदर्शन करने और कानूनी परामर्श के माध्यम से ठोस शासन सुनिश्चित करने में महत्वपूर्ण भूमिका निभाता है।" इस संबंध में उसकी जिम्मेदारियों, अधिकारों और सीमाओं का विवेचन कीजिए। (उत्तर 150 शब्दों में दीजिए)

The question as printed in the 2025 General Studies paper

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Model answer

Drafted with AI by UPSC Answer Check against this question's marking rubric, to the 150-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key. How we build rubrics and answers.

Under Article 76, the President appoints the Attorney General, who must be qualified for appointment as a Supreme Court judge. As the Union’s chief legal adviser, he advises the Government on constitutional matters, represents and defends the Union in the Supreme Court and High Courts, including constitutional cases; Governors are represented by their Advocate General. He also liaises with Union ministries to frame advice.

His rights include right of audience in all courts and, under Article 88, the right to speak and take part in Parliament (with privileges under Article 105(4)), though he cannot vote. He is not a government servant, holds office during the President’s pleasure, and has no executive authority. His counsel is not binding; he cannot advise against the Government, and cannot defend accused persons in criminal prosecutions without the Government’s permission. In Article 370 abrogation and electoral bonds litigation, his role shaped Union positions. Thus, the AGI balances legal independence with executive accountability, strengthening rule of law in federal governance.

How this answer will be evaluated

Framework: GS2 Polity: Constitutional bodies – Attorney General

What earns full marks: Precise account of Articles 76, 88 and 105(4), the service rules' limits, and examples of the AGI's role.

Evaluation rubric

Each sub-part is marked on its own, against the marks and word limit printed on the paper.

The answer Discuss the Attorney General's responsibilities, rights and limitations as the Union's chief legal adviser. 10 marks · 150 words

discuss— intro → 3-4 dimensions → example → balanced close
Must cover
- Article 76: appointment, qualification (as for a Supreme Court judge), tenure at the President's pleasure
- Duties: advise the Government of India on legal matters and perform duties assigned by the President; appear for the Union in the Supreme Court and High Courts
- Rights: audience in all courts (Article 76(3)); speak in Parliament without a vote (Article 88); privileges (Article 105(4))
- Limitations: no fixed tenure; cannot advise or hold briefs against the Government; cannot defend accused in criminal cases or take directorships without permission
Loses marks
- Reciting Articles without explaining the functions
- Confusing the Attorney General with the Advocate General of a State
- Ending without a critical observation
Earns more
- Not a full-time government servant; private practice allowed within restrictions
- Reference to cases where the AGI represented the Union (e.g., Article 370, electoral bonds)
- Distinction from the Solicitor General and the Advocate General (Article 165)
- Advice not binding; reliance on the Law Ministry's Department of Legal Affairs
Extra mark
- Reference to the Law Officers (Conditions of Service) Rules, 1987
- Suggested reforms (e.g., fixed tenure, clearer independence norms)

What "Discuss" is asking you to do

Lay the issue out from more than one side — how it arose, what is claimed for it, what is held against it, and where it now stands. UPSC attaches discuss to broad topics with several live dimensions, so coverage of the dimensions earns more than the strength of your opinion.

Structure that answers it

Set the issue up → the case as it is made → the case against → the dimension both sides leave out → where the balance now lies

Where marks are lost

Listing facts with no thread between them, or arguing one side throughout and calling it a discussion.

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