Question

Choose the correct statement(s) regarding the term, removal, and remuneration of the Attorney General.
i. The Constitution does not specify the procedure for the removal of the Attorney General.
ii. The remuneration of the Attorney General is determined by the President.
iii. The Attorney General is constitutionally mandated to resign when the council of ministers resigns or is replaced.
iv. The office of the Attorney General is classified as a full-time government position.

• A. Only i and ii
• B. Only ii and iv
• C. Only i, ii, and iii
• D. Only i

Answer 1

Answer:

A. Only i and ii

Attorney General of India

• Appointment and Tenure: The Attorney General (AG) is appointed by the President of India under Article 76 of the Constitution. While the Constitution does not specify a fixed tenure for the AG, they hold office during the pleasure of the President.

• Removal Procedure:

  • There is no specific impeachment procedure for the removal of the AG, unlike a judge of the Supreme Court or High Court.

  • The AG can be removed by the President at any time, without any specific grounds being cited, as they hold office during the President's pleasure.

  • Though not constitutionally mandated, it is a convention that the AG resigns when the government (Council of Ministers) that appointed them resigns or is dismissed. This is because the AG is considered the government's chief legal advisor.

• Remuneration: The Constitution does not specify the remuneration of the AG. This is determined by the President, as per Article 76(4) of the Constitution, which states that the AG shall receive such remuneration as the President may determine.

• Nature of Office:

  • The office of the Attorney General is *not* a full-time government position. The AG is allowed to undertake private legal practice, provided it does not conflict with their official duties.

  • The AG represents the Government of India in all legal proceedings in the Supreme Court and other courts.

  • The AG also advises the Government of India on legal matters referred to by the President.

• Constitutional Provisions:

  • Article 76: Deals with the Attorney General of India.

  • Article 88: Grants the AG the right to speak and participate in the proceedings of Parliament, but without a right to vote.