Question

Consider the following statements regarding the Attorney General (AG) of India.

1. The grounds for the removal of the Attorney General are explicitly detailed in Article 76 of the Constitution.

2. The Attorney General can be removed from office by the President at any time.

3. The remuneration for the Attorney General is fixed by the Constitution and is non-votable by Parliament.

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

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

Answer 1

Answer:

B. 2 only

Attorney General (AG) of India

• Appointment and Removal: The Attorney General for India is appointed by the President under Article 76(1) of the Constitution. While the Constitution does not explicitly detail the grounds for removal, it states that the AG shall hold office 'during the pleasure of the President'. This implies that the AG can be removed by the President at any time, without the need for impeachment proceedings like a judge of the Supreme Court.

• Tenure: The tenure of the Attorney General is not fixed by the Constitution. They hold office during the pleasure of the President and can resign at any time by submitting their resignation to the President.

• Remuneration: The remuneration of the Attorney General is determined by the President from time to time. It is not fixed by the Constitution and is subject to parliamentary approval, meaning it is votable by Parliament, unlike certain other constitutional office holders whose salaries are charged on the Consolidated Fund of India.

• Qualifications: To be appointed as the Attorney General, a person must be a citizen of India and 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, or distinguished jurist in the opinion of the President.

• Duties: The Attorney General advises the Government of India upon such legal matters and performs such other duties of a legal character as may be referred or assigned to him by the President. He also discharges the functions conferred on him by the Constitution or by any other law for the time being in force.

• Distinction from other Law Officers: The AG is the highest law officer in the country. Other law officers like the Solicitor General and Additional Solicitor General assist the AG.