Indian Polity & Governance·Amendments

Attorney General — Amendments

Constitution VerifiedUPSC Verified
Version 1Updated 5 Mar 2026
AmendmentYearDescriptionImpact
42nd Amendment1976The 42nd Amendment did not directly modify Article 76 but significantly impacted the Attorney General's role by expanding the scope of constitutional interpretation and judicial review limitations. The amendment's attempt to place constitutional amendments beyond judicial review created new challenges for the Attorney General in defending government positions.Enhanced the Attorney General's role in defending complex constitutional positions and navigating the tension between legislative sovereignty and judicial review, as seen in subsequent cases like Minerva Mills.
44th Amendment1978The 44th Amendment restored many provisions altered by the 42nd Amendment, affecting the constitutional framework within which the Attorney General operates. It restored the balance between fundamental rights and state power, impacting the nature of legal advice the Attorney General provides.Restored the traditional balance in constitutional interpretation, allowing the Attorney General to provide advice within a more stable constitutional framework and reducing the complexity of defending emergency-related provisions.
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