Question

Consider the following statements about the qualifications for an individual to be appointed as Attorney General for India.

1. The individual must have been a judge of a High Court for at least five years or an advocate of a High Court for at least ten years.

2. The individual must be an Indian citizen.

3. In the President's opinion, an eminent jurist can be appointed, bypassing the criteria related to service as a judge or advocate.

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

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

Answer 1

Answer:

D. 1, 2 and 3

Attorney General for India: Qualifications and Appointment

• The Attorney General for India is the highest law officer in the country, representing the government in legal matters.

• Constitutional Basis: Article 76 of the Constitution of India deals with the office of the Attorney General.

• Appointment: The President appoints the Attorney General.

• Eligibility Criteria: To be qualified for appointment as Attorney General, an individual must meet the following conditions:

  • Judicial Experience: Must have been a judge of a High Court for at least five years.

  • Advocacy Experience: Must have been an advocate of a High Court for at least ten years.

  • Citizenship: Must be a citizen of India.

• Eminent Jurist Clause: The Constitution also allows the President to appoint an individual as Attorney General if, in their opinion, the person is an "eminent jurist." This clause provides flexibility and acknowledges that legal expertise can be gained through means other than direct judicial or advocacy roles.

• Distinction from Solicitor General: The Attorney General is the principal legal advisor to the Government of India, while the Solicitor General and Additional Solicitors General assist the Attorney General in fulfilling their duties.

• Role: The Attorney General advises the government on legal matters, performs other duties as assigned by the President, and represents the government in court proceedings, including the Supreme Court and High Courts.