Question

Regarding the appointment and tenure of the Attorney General of India, which of the following statements is/are true?
i. The Attorney General is appointed by the President based on the recommendation of the Chief Justice of India.
ii. The term of office for the Attorney General is co-terminus with the term of the government, as mandated by the Constitution.
iii. An individual who has served as a High Court judge for 5 years meets one of the eligibility criteria for the post.

• A. Only iii
• B. Only i and iii
• C. Only ii and iii
• D. All of the above (i, ii and iii)

Answer 1

Answer:

A. Only iii

Attorney General of India: Appointment, Tenure, and Qualifications

• The Attorney General (AG) of India is the highest law officer of the country.

• Appointment: The President of India appoints the Attorney General. Unlike what statement (i) suggests, this appointment is NOT based on the recommendation of the Chief Justice of India. The President has the discretion to appoint any person who is qualified to be appointed a Judge of the Supreme Court.

• Tenure: Statement (ii) is incorrect. The Constitution does not specify a fixed term for the Attorney General. The AG holds office during the pleasure of the President. This means their tenure is NOT necessarily co-terminus with the term of the government. They can be removed by the President at any time.

• Eligibility Criteria: Statement (iii) is correct. To be eligible for appointment as Attorney General, a person must fulfill the qualifications required to be appointed as a Judge of the Supreme Court of India. One of these qualifications is having served as a judge of a High Court for at least five years. Other qualifications include being an advocate of a High Court for ten years, or being a distinguished jurist in the opinion of the President.

• Constitutional Basis: Article 76 of the Constitution of India deals with the office of the Attorney General.

• Key Distinction: The Attorney General represents the Government of India in all legal matters and advises the government on legal issues. They are not a full-time government counsel and can practice law privately, subject to certain restrictions.