Question

Examine the following statements regarding the Attorney General's advisory role.
i. The Attorney General is constitutionally bound to provide legal advice to any ministry of the Government of India whenever a reference is made directly by that ministry.
ii. The primary duty of the Attorney General is to give legal advice to the Government of India on matters referred to him/her by the President.

• A. Only i is correct
• B. Only ii is correct
• C. Both i and ii are correct
• D. Neither i nor ii is correct

Answer 1

Answer:

B. Only ii is correct

Attorney General of India's Role and Duties

• Constitutional Basis: Article 76 of the Constitution of India defines the office of the Attorney General (AG) for India.

• Appointment: The AG is appointed by the President and must be a person qualified to be appointed as a Judge of the Supreme Court.

• Tenure: The AG holds office during the pleasure of the President, meaning they can be removed by the President at any time.

• Primary Duty: The AG's primary duty is to advise the Government of India on such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him/her by the President (as per Article 76(2) of the Constitution).

• Advisory Role: While the AG advises the Government of India, the Constitution does not explicitly mandate that the AG must provide advice to any ministry that makes a direct reference. The primary referral is from the President.

• Scope of Advice: The AG can also be asked to discharge the functions conferred on the AG by the Constitution or by any other law for the time being in force.

• Government's Legal Advisor: The AG is the highest legal officer in the country and represents the Government of India in all major Supreme Court cases and in any criminal proceedings before the Supreme Court.

• Distinction in Statement (i): Statement (i) is incorrect because the AG's constitutional obligation for advice is primarily linked to references made by the President, not necessarily to every ministry that directly refers a matter. While the AG may advise ministries, it is not a constitutionally mandated requirement in the manner described in statement (i).

• Accuracy of Statement (ii): Statement (ii) accurately reflects the constitutional mandate under Article 76(2), emphasizing the AG's role in advising the Government on matters referred by the President.