Question

Consider the following statements regarding the removal and remuneration of the Attorney General.

1. The Constitution lays down the specific grounds of 'proved misbehaviour or incapacity' for the removal of the Attorney General.

2. The Attorney General holds office based on the 'doctrine of pleasure', meaning they can be removed by the President at any time without cause.

3. The salary and allowances of the Attorney General are determined by an act of 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 of India

• Appointment and Term: The Attorney General (AG) is the highest law officer in India. They are appointed by the President under Article 76 of the Constitution.

• Removal and Doctrine of Pleasure:

  • Unlike judges of the Supreme Court or High Courts, the Constitution does not prescribe specific grounds for the removal of the AG.

  • The AG holds office during the pleasure of the President. This means the President can remove the AG at any time without needing to prove any specific cause like misbehaviour or incapacity. This is known as the 'doctrine of pleasure'.

  • This principle is generally applicable to all high constitutional officers who are not protected by fixed tenure provisions.

• Remuneration:

  • The Constitution does not specify the salary and allowances of the AG.

  • Article 76(4) states that the remuneration of the AG shall be such as the President may determine.

  • While Parliament determines the salaries of constitutional office holders like judges, the AG's remuneration is an exception, determined by the President.

• Constitutional Provisions:

  • Article 76 deals with the Attorney General for India.

  • The AG has the right to speak and to take part in the proceedings of both Houses of Parliament (Lok Sabha and Rajya Sabha) and any committee thereof, but without a right to vote (Article 88).

  • The AG represents the Government of India in all Supreme Court cases in which India is concerned