UPSC Mains 2019 GS2 Q14 — Constitutional Posts
“The Attorney-General is the chief legal adviser and lawyer of the Government of India.” Discuss.
Question Decoded — examiner's intent
- Directive verbs
- Discuss
- Scope keywords
- Attorney-Generalchief legal adviserlawyer of the Government of India
- Implicit sub-parts
- Constitutional basis and mandate under Article 76.
- The duality of roles: advising the executive vs. representing the state in courts.
- Parliamentary privileges and participation rights without voting power.
- Limitations and constraints that distinguish the office from a political appointee or a civil servant.
- Comparison with the Solicitor General and the Advocate General to define the hierarchy.
- Common pitfalls
- Confusing the Attorney-General with the Law Minister or treating it as a political executive post.
- Failing to mention specific rights like 'Right of Audience' in all courts of India.
- Neglecting the fact that the AG is not a full-time government servant and can maintain a private practice.
- Omitting the 'pleasure of the President' doctrine regarding tenure and removal.
- Focusing only on court appearances while ignoring the advisory role to the President on legal matters.
- Dimensions required
- ConstitutionalLegal-ProceduralParliamentaryJudicialAdministrative
- Marks allocation hint
Allocate 50 words to the constitutional framework and appointment process. Spend 100 words detailing the dual functions as an advisor and a litigator (the core of the 'Discuss' directive). Use the remaining 100 words to cover parliamentary rights, limitations, and a concluding remark on the office's independence and importance in upholding the rule of law.
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