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Consider the following statements regarding the Attorney General (AG) of India.

  1. The grounds for the removal of the Attorney General are explicitly detailed in Article 76 of the Constitution.

  2. The Attorney General can be removed from office by the President at any time.

  3. The remuneration for the Attorney General is fixed by the Constitution and is non-votable by 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 (AG) of India

  • Appointment and Removal: The Attorney General for India is appointed by the President under Article 76(1) of the Constitution. While the Constitution does not explicitly detail the grounds for removal, it states that the AG shall hold office 'during the pleasure of the President'. This implies that the AG can be removed by the President at any time, without the need for impeachment proceedings like a judge of the Supreme Court.

  • Tenure: The tenure of the Attorney General is not fixed by the Constitution. They hold office during the pleasure of the President and can resign at any time by submitting their resignation to the President.

  • Remuneration: The remuneration of the Attorney General is determined by the President from time to time. It is not fixed by the Constitution and is subject to parliamentary approval, meaning it is votable by Parliament, unlike certain other constitutional office holders whose salaries are charged on the Consolidated Fund of India.

  • Qualifications: To be appointed as the Attorney General, a person must be a citizen of India and must have been a judge of a High Court for at least five years or an advocate of a High Court for at least ten years, or distinguished jurist in the opinion of the President.

  • Duties: The Attorney General advises the Government of India upon such legal matters and performs such other duties of a legal character as may be referred or assigned to him by the President. He also discharges the functions conferred on him by the Constitution or by any other law for the time being in force.

  • Distinction from other Law Officers: The AG is the highest law officer in the country. Other law officers like the Solicitor General and Additional Solicitor General assist the AG.


Related Questions:

Which of the following statements about the CAG’s duties is/are not correct?
i. The CAG audits the accounts of all local bodies without requiring a request from the President or Governor.
ii. The CAG compiles and maintains the accounts of both the Central and state governments.
iii. The CAG acts as a guide, friend, and philosopher to the Public Accounts Committee of Parliament.

With reference to the role and independence of the CAG, consider the following statements:

i. The CAG is described as the guardian of the public purse and controls the entire financial system of the country at both the Centre and State levels.
ii. The CAG can be removed by the President only on the grounds of proved misbehaviour or incapacity, following a resolution by both Houses of Parliament with a special majority.
iii. The CAG is eligible for further office under the Government of India or any State after ceasing to hold office.
iv. The administrative expenses of the CAG’s office are charged upon the Consolidated Fund of India and are not subject to the vote of Parliament.

Which of the statements given above are correct?

Consider the following statements about the duties assigned to the Attorney General.

  1. The President has assigned the Attorney General the duty to appear for the Government of India in all cases in which the Government of India is concerned, both in the Supreme Court and High Courts.

  2. The Attorney General is required to represent the Government of India in any reference made by the President to the Supreme Court under Article 143.

  3. It is a constitutional duty of the Attorney General to discharge functions conferred on him/her by any law made by the Parliament.

Which of the statement(s) given above is/are correct?

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  1. It recommends the allocation of tax proceeds between the Centre and the states.

  2. It advises on measures to improve the financial position of panchayats and municipalities.

  3. It has the authority to directly levy taxes on states.