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Analyze the following statements regarding the term and remuneration of the Attorney General (AG) of India.
i. The Constitution of India prescribes a fixed term of office for the Attorney General to ensure his/her independence.
ii. The remuneration of the Attorney General is determined by Parliament through legislation, similar to that of a Supreme Court judge.

AOnly i is correct

BOnly ii is correct

CBoth i and ii are correct

DNeither i nor ii is correct

Answer:

D. Neither i nor ii is correct

Read Explanation:

Attorney General of India:

  • Constitutional Provisions: The Constitution of India, in Article 76, deals with the office of the Attorney General (AG).

  • Term of Office: Unlike many constitutional offices, the Constitution does not specify a fixed term for the Attorney General. The AG holds office during the pleasure of the President. This means the President can remove the AG at any time, although this is usually done if the government that appointed them loses confidence or if the AG resigns.

  • Independence and Fixed Term: The absence of a fixed term is often debated regarding the AG's independence. While intended to ensure loyalty to the government of the day, it can also subject the AG to political pressures. Key competitive exam fact: AG's term is tied to the tenure of the executive, not a fixed number of years.

  • Remuneration: The Constitution states that the AG shall receive such remuneration as the President may determine (Article 76(7)).

  • Parliamentary Role in Remuneration: While the President determines the remuneration, the Constitution also mentions that the AG shall be entitled to such allowances as the President may by order specify. Historically, and in practice, the AG's remuneration and allowances have been determined by executive orders, not by specific parliamentary legislation prescribing a fixed salary like that of a Supreme Court judge. This distinguishes the AG's financial security from that of judges.

  • Comparison with Supreme Court Judges: Judges of the Supreme Court have their salaries and allowances determined by Acts of Parliament, as stipulated in the Second Schedule of the Constitution. This provides them with greater financial security and independence compared to the AG

Related Questions:

Consider the following statements about the classification of State Services:

  1. State Services are classified into Class-I to Class-IV, with Class-I and Class-II being gazetted.

  2. The Chief Secretary of the State heads the civil service administration in each State.

  3. Officers for State Services are appointed by the Union Public Service Commission (UPSC).
    Which of the statement(s) given above is/are correct?

Which of the following is/are correct regarding the duties of the Advocate General?

i. Advising the state government on legal matters referred by the Governor.

ii. Representing the state in all legal proceedings outside the state.

iii. Participating in the state legislature’s proceedings without voting rights.

Choose the correct statement(s) regarding the Doctrine of Pleasure in India.

  1. The Doctrine of Pleasure is enshrined in Article 310 of the Constitution of India.

  2. Article 311 provides safeguards against arbitrary dismissal of civil servants.

Which of the following statements is/are correct about the appointment and tenure of the CAG?

i. The CAG is appointed by the President of India and holds office for a term of 6 years or until the age of 65, whichever is earlier.

ii. The CAG can be removed by the President on the same grounds and in the same manner as a judge of the Supreme Court.

iii. The CAG is eligible for further office under the Government of India or any state after ceasing to hold office.

iv. The salary of the CAG is determined by the President and can be altered to the CAG’s disadvantage during their tenure.

onsider the following statements about the Audit Board and historical aspects of the CAG:

i. The Audit Board was established in 1968 based on the recommendation of the Administrative Reforms Committee.

ii. The Audit Board consists of a Chairman and two members appointed by the CAG.

iii. The first CAG of independent India was V. Narahari Rao, appointed in 1948.

iv. The CAG was relieved of maintaining Central Government accounts in 1976 due to the separation of accounts from audit.

v. The Audit Board audits all government and semi-government institutions without requiring technical expertise.

Which of the above statements are correct?