Question

Consider the following statements regarding the office of the Attorney General.

1. The qualification for the office of Attorney General includes the possibility of being an 'eminent jurist' in the President's opinion.

2. The Attorney General has the right to vote in a parliamentary committee of which he/she is a member.

3. The remuneration of the Attorney General is not fixed by 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. All of the above

Answer 1

Answer:

C. 1 and 3 only

Office of the Attorney General of India

• Appointment and Qualifications:

  • The Attorney General (AG) is the highest law officer in India.

  • Article 76 of the Constitution deals with the office of the Attorney General.

  • To be appointed as the AG, a person must be a citizen of India.

  • Furthermore, they must have held the office of a High Court judge for at least five years, OR have been an advocate of a High Court for ten years, OR be an 'eminent jurist' in the opinion of the President.

  • The qualification of being an 'eminent jurist' is subjective and depends on the President's discretion.

• Role and Privileges:

  • The AG has the right to speak and to take part in the proceedings of both Houses of Parliament (Lok Sabha and Rajya Sabha) or any committee of Parliament of which he may be named a member.

  • However, the AG does not have the right to vote in parliamentary proceedings.

  • He/she has the right to appear before any court in India in the performance of his/her duties.

  • The AG is not considered a member of the government; rather, he is a constitutional appointee.

• Remuneration:

  • Article 76(4) states that the remuneration of the Attorney General shall be determined by the President.

  • This implies that the remuneration is not fixed by the Constitution and can be decided by the President.

  • The AG holds office during the pleasure of the President.

• Key Constitutional Provisions:

  • Article 76(1): Appointment of the Attorney General by the President.

  • Article 76(2): Duties of the Attorney General.

  • Article 76(3): Right to audience in all Indian courts.

  • Article 76(4): Remuneration to be determined by the President.

  • Article 88: Rights of Ministers and Additional Solicitors General as respects the Houses. This article grants the AG the right to speak and participate in parliamentary proceedings but not to vote.

• Distinction from Elected Members:

  • Unlike elected Members of Parliament (MPs), the Attorney General is an appointee and does not contest elections.

  • This distinction is crucial in understanding their rights and limitations within the parliamentary framework.