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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?

A1 and 3 only

B2 only

C2 and 3 only

D1, 2 and 3

Answer:

B. 2 only

Read Explanation:

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

Related Questions:

Consider the following statements about the Advocate General:

(i) The Advocate General is the highest law officer of the state, analogous to the Attorney General of India.

(ii) The Advocate General’s term of office is fixed at 5 years by the Constitution.

(iii) The Advocate General can participate in state legislature committee meetings without voting rights.

(iv) The Advocate General’s remuneration is determined by the state legislature.

Which of these statement(s) is/are correct?

Which of the following statements are correct about the Doctrine of Pleasure in India?

  1. It is based on public policy as established in Union of India vs. Tulsiram Patel (1985).

  2. The English Common Law version of the doctrine was fully adopted in India.

  3. Governors hold office at the pleasure of the President under Article 155.

Which of the following statements about the Attorney General's rights within the Indian Parliament are correct?
i. The Attorney General has the right to speak in the proceedings of both the Lok Sabha and the Rajya Sabha.
ii. As the highest law officer, the Attorney General is granted the right to vote during a joint sitting of Parliament.
iii. The Attorney General can be named a member of any parliamentary committee and has the right to participate in its proceedings.

Which among the following is correct regarding the remuneration of the Advocate General?

(i) The remuneration of the Advocate General is determined by the Governor and is not fixed by the Constitution.

(ii) The Advocate General’s remuneration is equivalent to that of a High Court judge as per constitutional mandate.

Consider the following statements about the classification of State Services:

  1. State Services are classified into Class-I to Class-IV, with Class-I and Class-II being gazetted.

  2. The Chief Secretary of the State heads the civil service administration in each State.

  3. Officers for State Services are appointed by the Union Public Service Commission (UPSC).
    Which of the statement(s) given above is/are correct?