Attorney General of Constitutional Bodies and Non Constitutional Bodies for CLAT - Practice Questions & MCQ

Introduction to Attorney General:

• The Attorney General of India is a significant legal officer in the Indian constitutional framework. 

Role of the Attorney General:

• Chief Legal Advisor to the Government: The Attorney General serves as the chief legal advisor to the Government of India. They provide legal counsel to the government on a wide range of issues, including legislative matters, international agreements, and constitutional interpretation.
• Legal Representation: The Attorney General represents the government in legal proceedings in various courts, including the Supreme Court. They defend the government's interests and present the government's position in legal disputes.
• Guardian of the Constitution: One of the critical roles of the Attorney General is to ensure that government actions and policies are in compliance with the Indian Constitution. They play a pivotal role in upholding the constitutional principles and advising the government on matters of constitutional significance.

Appointment and Tenure:

• Appointment: The Attorney General is appointed by the President of India on the recommendation of the Prime Minister. The appointment is typically made from among legal experts who are qualified to be appointed as judges of the Supreme Court.
• Tenure: The Attorney General holds office during the pleasure of the President, which means they can be removed from office by the President at any time. However, they usually resign when there is a change in the government.

Powers and Functions:

• Participation in Parliament: The Attorney General has the right to attend and participate in the proceedings of both the Houses of Parliament, including debates. However, they do not have the right to vote.
• Defending Government Interests: The Attorney General is responsible for representing the government in legal matters. They provide legal opinions on various government decisions, draft legal documents, and argue cases on behalf of the government in courts.
• Contempt of Court: The Attorney General has the authority to grant consent for initiating contempt of court proceedings against individuals who disobey or undermine the orders and authority of the courts.
• Intervening in Public Interest Litigations (PILs): In cases of public interest litigations (PILs), the Attorney General can intervene and offer their legal perspective to the court. This is important for ensuring that the court has all relevant information before making a decision.

Examples and Case Law: Kesavananda Bharati Case (1973)

• Background
• The case revolved around the 24th Amendment Act, 25th Amendment Act, and the 29th Amendment Act to the Indian Constitution, all of which were enacted by Parliament to make changes to various provisions of the Constitution.
• Key Issue
• The central issue in the Kesavananda Bharati Case was whether there were any limitations on Parliament's power to amend the Constitution.
• Arguments
• The petitioner, Kesavananda Bharati, a prominent spiritual leader, argued that Parliament's amending power was not absolute and that there existed a "basic structure" of the Constitution that could not be altered. He contended that the amendments in question were violating this basic structure.
• Supreme Court's Decision
  • The Supreme Court, in a historic and closely divided verdict of 7-6, ruled in favor of Kesavananda Bharati.
  • The Court held that while Parliament had the power to amend the Constitution, it could not alter its basic structure or essential features.
  • The Court did not explicitly define what constituted the "basic structure" but indicated that it included elements such as the supremacy of the Constitution, the rule of law, democracy, judicial review, and the separation of powers.
  • The 24th Amendment Act, which aimed to nullify the Golaknath case judgment (which had earlier limited Parliament's amending power), was partially struck down.
  • The 25th Amendment Act, which had attempted to limit the scope of judicial review, was also partially invalidated.
  • The 29th Amendment Act, which sought to place land reform laws beyond the scope of judicial review, was held to be valid but subject to the condition that it should not affect the "basic structure" of the Constitution.
• Significance: of this case
  • The Kesavananda Bharati Case is significant because it established the doctrine of the "basic structure" of the Constitution, which limits Parliament's power to amend the Constitution.
  • It marked a watershed moment in Indian constitutional history, ensuring that certain fundamental principles and values of the Constitution remain immutable.
  • The case has since been cited in numerous subsequent judgments to assess the constitutionality of various amendments and legislative actions.

Significance of the Attorney General:

• The Attorney General of India is a key figure in the legal and constitutional framework of India. 
• They ensure that government actions are legally sound and constitutional, uphold the rule of law, and provide legal expertise in important legal matters. 
• Their presence in Parliament and the courts bridges the gap between the executive and the judiciary, contributing to the smooth functioning of India's democracy and legal system.