Question

Consider the constitutional and conventional aspects of the Attorney General's office.

1. The principle that the Attorney General holds office during the 'pleasure of the President' is a constitutional provision found in Article 76.

2. The practice of the Attorney General resigning when the government changes is a well-established constitutional law.

3. The Attorney General's right to participate in parliamentary committees without voting rights is derived from Article 88 of the Constitution.

Which of the statement(s) given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1, 2 and 3

Answer 1

Answer:

C. 1 and 3 only

Attorney General of India: Constitutional and Conventional Aspects

• Constitutional Provision (Article 76): The Attorney General (AG) is the highest law officer in India. Article 76 of the Constitution states that the AG shall hold office during the pleasure of the President. This implies that the President can remove the AG at any time, though this power is exercised based on the advice of the government.

• Tenure and Resignation: While the AG holds office during the President's pleasure, a strong convention has developed. It is customary for the Attorney General to resign upon the resignation or removal of the government that appointed them. This convention upholds the principle of accountability and alignment with the executive.

• Right to Participate in Parliament (Article 88): Article 88 of the Constitution grants the Attorney General the right to speak and to take part in the proceedings of both Houses of Parliament (Lok Sabha and Rajya Sabha), and in any committee of Parliament of which he may be named a member. However, the AG does not have the right to vote in these proceedings. This right allows the government to receive legal advice directly within parliamentary deliberations.

• Distinction between Constitutional Provision and Convention: It is crucial to differentiate between the explicit constitutional provisions and the established conventions. Statement 1 refers to the constitutional provision. Statement 2 describes a convention that has become an integral part of the constitutional understanding, even though not explicitly written as a mandatory act of resignation in the text. Statement 3 refers to another constitutional right explicitly granted by Article 88.

• Exam Relevance: Questions often test the understanding of the AG's appointment, removal, rights, and the interplay between constitutional articles and established practices. Awareness of specific articles like 76 and 88, and the convention regarding resignation with the government, is key for competitive exams.