Question

Which of the following statements are correct about the appointment and tenure of the Attorney General?
(i) The Attorney General is appointed by the President based on the advice of the outgoing Attorney General.
(ii) The Constitution provides a fixed five-year tenure for the Attorney General to ensure his independence.
(iii) Conventionally, the Attorney General resigns when the government he/she was appointed to advise is replaced.

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

Answer 1

Answer:

C. Only (iii)

Attorney General of India: Appointment and Tenure

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

• Appointment: The President of India appoints the Attorney General. There is no specific recommendation or advice mandated by the Constitution for this appointment. The President appoints the person who is qualified to be a judge of the Supreme Court.

• Qualifications: A person shall not be appointed as Attorney General unless he is a citizen of India and has for at least 10 years held a judicial office in the territory of India or for at least 10 years been an advocate of a High Court or two or more such courts in succession.

• Tenure: The Constitution does not specify a fixed tenure for the Attorney General. The AG holds office during the pleasure of the President. This means the President can remove the AG at any time.

• Resignation: Although there is no fixed tenure, it is a convention that the Attorney General resigns when the government that appointed him/her resigns or is replaced. This ensures that the AG remains an advisor to the incumbent government and maintains political neutrality.

• Independence: The absence of a fixed tenure and the power of the President to remove the AG at pleasure, unlike a fixed tenure for judges, does raise questions about the complete independence of the office. However, the convention of resignation upon government change helps in maintaining a degree of professional integrity.

• Role: The Attorney General is the highest law officer in India. He advises the Government of India on legal matters and performs other legal duties assigned by the President. He also represents the government in all court cases in which the Government of India is concerned.