Question

Evaluate the following statements about the removal and resignation of the Attorney General.
i. The Constitution lays down a specific impeachment-like procedure for the removal of the Attorney General, similar to that of a Supreme Court judge, to safeguard the office's dignity.
ii. By constitutional provision, the Attorney General is required to resign from office when the ruling government (Council of Ministers) resigns or is replaced.

• 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:

D. Neither i nor ii is correct

• The Constitution of India does not prescribe any specific impeachment-like procedure for the removal of the Attorney General (AG).
• Article 76(4) of the Constitution states that the AG shall hold office during the pleasure of the President.
• This means the President can remove the AG at any time without following a judicial or quasi-judicial process, unlike the removal of a Supreme Court judge which requires a joint resolution of both Houses of Parliament passed by a special majority.
• The Attorney General is a political appointee and serves at the pleasure of the executive.
• While it is a convention that the AG resigns upon the resignation or removal of the government that appointed them, this is not a mandatory constitutional provision.
• The resignation of the Council of Ministers does not automatically or constitutionally necessitate the resignation of the Attorney General.
• The Attorney General can continue in office until their successor is appointed, even if the government changes, though a change in government often leads to a change in the AG.
• The office of the Attorney General is not a constitutional bar against holding other offices or engaging in private practice, subject to certain limitations.
• The Attorney General is the chief legal advisor to the Union Government of India.
• The Advocate General of a State has a similar position at the state level, but their removal procedure is governed by state laws and conventions.