Question

Consider the following statements.

1. Article 76 of the Constitution mandates that the Attorney General must resign upon the change of the ruling government.

2. The right of the Attorney General to participate in the proceedings of the Parliament is a constitutional right.

3. The Constitution is silent on both the term of office and the remuneration for the Attorney General.

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

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

Answer 1

Answer:

B. 2 only

Attorney General of India

• Constitutional Basis: Article 76 of the Constitution of India provides for the office of the Attorney General (AG) for India, who is the highest law officer of the country.

• Appointment and Term:

  • The AG is appointed by the President of India.

  • There is no fixed term prescribed in the Constitution for the AG.

  • The Constitution is also silent on the remuneration of the Attorney General. The President determines the salary and allowances of the AG.

  • The AG holds office during the pleasure of the President. This implies that the AG can be removed by the President at any time.

  • While the AG can resign, there is no constitutional mandate for the AG to resign upon the change of the ruling government. However, it is a convention that the AG resigns with the change of government, to allow the new government to appoint its own legal advisor.

• Rights and Privileges:

  • Article 88 of the Constitution grants the AG the right to take part in the proceedings of both Houses of Parliament (Lok Sabha and Rajya Sabha) and any committee of Parliament of which he may be named a member.

  • However, the AG has the right to speak in and otherwise to take part in the proceedings of, but shall not be entitled to vote in, any joint sitting of the Houses or any committee of Parliament.

  • This right to participate in parliamentary proceedings is a constitutional right.

• Duties: The AG advises the Government of India upon such legal matters, and perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President.

• Distinction from Government's Lawyer: While the AG represents the Government of India, they are not a full-time counsel nor a government servant.