UPSC Mains 2025 GS2 Q5: model answer
“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.
What the question wants
Art. 76: duties, rights and restrictions of the AG.
How to structure it
Intro: highest law officer. Body: (1) Responsibilities; (2) Rights; (3) Limitations. Conclusion: independence of advice.
- 1(1) Responsibilities
- 2(2) Rights
- 3(3) Limitations
Model answer
The Attorney General, appointed under Article 76, is the Union Government's chief legal adviser. He must be qualified to be a Supreme Court judge and holds office during the pleasure of the President.
Responsibilities
- Advise the Government on legal matters referred by the President.
- Appear for the Government of India in the Supreme Court and High Courts, and in presidential references under Art. 143.
- Perform other duties of a legal character assigned by the President.
Rights
- Right of audience in all courts in India (Art. 76(3)).
- Right to speak and take part in proceedings of both Houses and their committees, without a vote (Art. 88).
- Privileges of a Member of Parliament.
Limitations
- Cannot advise or hold a brief against the Government of India.
- Cannot defend accused persons in criminal cases or take a company directorship without permission.
- Not a member of the Cabinet; no fixed tenure, so he leaves when the Government changes.
The office works best when its advice is frank even when unwelcome, because sound law is part of sound governance.
Keywords, cases and data to drop in
Art. 76 Art. 88 right of audience pleasure of the President Art. 143
Where most answers lose marks
- Confusing AG with Solicitor General or Advocate General.
Same theme in Prelims
With reference to the Indian polity, consider the following statements :
- I. An Ordinance can amend any Central Act.
- II. An Ordinance can abridge a Fundamental Right.
- III. An Ordinance can come into effect from a back date.
Which of the statements given above are correct?
Answer (c) & explanation
Statements I and III are correct (c). An Ordinance under Article 123 has the same force as an Act of Parliament. Statement I is right: so it can amend any Central Act. Statement III is right: like an Act, it can be made retrospective, taking effect from a back date. Statement II is wrong: Article 13 counts an Ordinance as "law", and no law can take away or abridge Fundamental Rights. So options (a), (b) and (d) fail.
Notice the limits: an Ordinance can be issued only when Parliament is not in session, and it lapses six weeks after Parliament reassembles unless approved. In Krishna Kumar Singh (2017), the Supreme Court held that re-promulgating Ordinances again and again is a fraud on the Constitution. Governors have the same power under Article 213.
"same force as an Act" makes students think an Ordinance can do anything. It carries the same limits too.
Traps like this come back in new clothes. The PYQ Book collects all of them, topic by topic, so none catch you twice. Try the free sample
Answer as per the official UPSC answer key.
Consider the following statements :
- I. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion.
- II. The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned.
Which of the statements given above is/are correct?
Answer (a) & explanation
Only statement I is correct (a). Statement I is right: Article 163(1) itself says the Governor acts on ministers' advice "except in so far as he is by or under this Constitution required to exercise his functions… in his discretion". Examples include Article 371 duties and the Sixth Schedule. Statement II is wrong: under Article 200, only the Governor can reserve a State Bill for the President. The President cannot pull a Bill up on their own. So options (b), (c) and (d) fail.
Notice the recent fights over Governors sitting on Bills. In State of Tamil Nadu v. Governor (April 2025), the Supreme Court set time limits for assent. On a Presidential reference, a Constitution Bench in November 2025 said courts cannot fix such deadlines, but long, unexplained delay can still be reviewed.
the President is "higher", so students assume he can act directly on State Bills. The route always runs through the Governor.
Answer as per the official UPSC answer key.
With reference to the Indian polity, consider the following statements :
- I. The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office.
- II. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.
- III. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House.
Which of the statements given above are correct?
Answer (d) & explanation
All three statements are correct (d). Statement I is right: Article 361 says the President and Governors are not answerable to any court for official acts. Statement II is right: under the same Article, no criminal case can be started or continued against them during their term. Statement III is right: Article 194(2) gives State legislators freedom of speech in the House, just as Article 105 does for MPs. So options (a), (b) and (c) fail.
Notice the limit on legislators: in Sita Soren (2024), a seven-judge Bench held that MPs and MLAs who take bribes to vote or speak get no immunity, overruling P.V. Narasimha Rao (1998). Civil cases against a Governor need two months' notice.
Answer as per the official UPSC answer key.
Fresh examples from current affairs
ECI eases SIR verification: BLOs to collect documents at home, hearings online only in exceptional cases
On 26 September 2026 the Election Commission eased verification in the ongoing Special Intensive Revision (SIR) of electoral rolls. For electors served notice as unmapped or for logical discrepancies, BLOs will now collect documents at home and upload them on ECINet. Hearings will be held only in exceptional cases, preferably online.
UPSC angle: Prelims: BLO, ERO, DEO roles; Registration of Electors Rules 1960. · Mains: Balancing roll purity with inclusion of the poor and migrants.
26 Sep 2026
ECI: all decisions, including SIR, are unanimous decisions of the full Commission
On 23 September 2026 the Election Commission of India said all its decisions over the past year, including the Special Intensive Revision (SIR) of rolls, were unanimous decisions of the full Commission. It said written notes and differing views by members are a normal part of deliberation before a final decision.
UPSC angle: Prelims: Art. 324; 2023 Act. · Mains: Independence of the ECI after the 2023 Act.
23 Sep 2026
16th Finance Commission recommends ₹4.35 lakh crore for rural local bodies
The Sixteenth Finance Commission has recommended grants of ₹4,35,236 crore for rural local bodies in all 28 States for 2026-31, the Panchayati Raj Ministry told Rajya Sabha on 12 August 2026. Basic and performance grants are in the ratio 80:20. Half the basic grant is tied to sanitation and water; the rest is untied.
UPSC angle: Prelims: FC grant structure.
12 Aug 2026
NCSC submits Annual Report 2024–25 to the President
On 12 August 2026 the National Commission for Scheduled Castes submitted its Annual Report for 2024-25 to President Droupadi Murmu. The report reviews how constitutional safeguards for Scheduled Castes are working and recommends steps for the Union and States. The President asked the Commission to suggest ways to strengthen existing mechanisms.
UPSC angle: Prelims: Art. 338 vs 338A.
12 Aug 2026Learn the concept
Question text as printed in the official UPSC question paper: https://www.upsc.gov.in/sites/default/files/GENERAL-STUDIES-PAPER-II-QP-CSM-25-010925.pdf The model answer is original Battle IAS work; use it to learn structure, not to memorise.