Question

Consider the qualifications required for the appointment of the Attorney General.
i. A person is qualified to be appointed as the Attorney General if they have been an advocate of any High Court in India for a period of 10 years.
ii. The President has the discretion to appoint an individual as Attorney General if, in his opinion, the person is an eminent jurist, even if they have not served as a judge or advocate.

• A. Only i is correct
• B. Only ii is correct
• C. Both i and ii are correct
• D. Neither i nor ii is correct

Answer 1

Answer:

C. Both i and ii are correct

Attorney General of India

• Constitutional Provision: Article 76 of the Constitution of India deals with the Office of the Attorney General (AG) for India.

• Appointment: The Attorney General is appointed by the President of India.

• Qualifications (Article 76(1)): A person shall not be qualified for appointment as the Attorney General unless he is a citizen of India and has held the office of a Judge of any High Court for five years or has been an advocate of any High Court or of two or more such Courts in succession for a period of ten years.

• Alternative Qualification (Eminent Jurist): The President may, in his discretion, appoint a person who is an eminent jurist as the Attorney General. This provision allows the President to appoint individuals who, while not meeting the strict judicial or advocacy experience, possess exceptional knowledge and standing in the field of law.

• Distinction from Judges: It is important to note that the qualifications for the Attorney General are different from those required for a Supreme Court judge or a High Court judge.

• Role: The Attorney General is the highest law officer of the Government of India. He advises the Government on legal matters and performs other duties as may be assigned to him by the President.

• Competitive Exam Relevance: Candidates preparing for competitive exams should focus on understanding the specific constitutional articles, the eligibility criteria, and the discretionary powers of the President in appointing the AG. Comparing these qualifications with those of other constitutional offices is also a common exam strategy