Question

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.

• 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:

D. Neither i nor ii is correct

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