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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?

A1 and 2 only

B2 only

C1 and 3 only

D2 and 3 only

Answer:

B. 2 only

Read Explanation:

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.

Related Questions:

Assertion (A): The CAG cannot audit secret service expenditure and must accept a certificate from the competent authority as proof of legal expenditure.

Reason (R): Secret service expenditure is exempt from CAG audit to protect national security and confidentiality.

Select the correct answer code:

'Per incurium' judgement means:

Consider the following statements regarding the Advocate General and compare to the Attorney General:
i. Both the Advocate General and the Attorney General are the highest law officers at their respective levels (state and union).
ii. Both hold office at the pleasure of their respective appointing authorities (Governor for AG, President for AGI).
iii. The qualifications for both involve experience as an advocate in a High Court for a specified number of years.
iv. The Constitution fixes a five-year term for both offices to ensure stability.

Which of the above statements is/are correct?

Consider the following statements regarding the duties and powers of the CAG:

i. The CAG audits all expenditure from the Consolidated Fund of India and each state.

ii. The CAG has the authority to audit the accounts of private companies not financed by the government.

iii. The CAG advises the President on the form in which government accounts should be maintained.

iv. The CAG submits audit reports on public undertakings to the Public Accounts Committee directly.

v. The CAG can inspect any office subject to its audit and call for relevant records.

Which of the above statements are correct?

Consider the following statements about the State Finance Commission’s powers:

  1. The Commission can requisition public records from any office.

  2. The Commission determines the taxes that panchayats can levy and expend.

  3. The Commission’s members are appointed by the President of India.