GS2 2019 Q14 15 marks 250 words Constitutional Posts

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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