Question

Which of the following statements are correct about the Attorney General of India?

i. The Attorney General is appointed by the President based on the advice of the government.
ii. The Attorney General has the right to participate in the proceedings of both Houses of Parliament without voting rights.
iii. The Attorney General’s term of office is fixed by the Constitution for six years or until the age of 65.
iv. The Attorney General cannot defend accused persons in criminal prosecutions without government permission.

• A. Only (i, ii, and iii)
• B. Only (i, ii, and iv)
• C. Only (ii, iii, and iv)
• D. Only (i, iii, and iv)

Answer 1

Answer:

B. Only (i, ii, and iv)

Attorney General of India

• Appointment: The Attorney General (AG) is the highest law officer in India. Article 76 of the Constitution states that the President appoints the AG. While the statement mentions appointment based on the advice of the government, the Constitution doesn't explicitly detail this. However, in practice, the President acts on the advice of the Union Council of Ministers.

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

• Term of Office and Remuneration: Unlike constitutional appointments with fixed terms (like judges), the Constitution does not specify a fixed term for the Attorney General. The AG holds office during the pleasure of the President. Their remuneration is also not fixed by the Constitution but determined by the President. Thus, statement (iii) is incorrect as the Constitution does not fix a term of six years or age 65.

• Rights and Duties: The Attorney General has the right to speak and to take part in the proceedings of both Houses of Parliament (Lok Sabha and Rajya Sabha) and any joint sitting of Parliament, but without the right to vote. This is a significant privilege, enabling the government to receive legal counsel directly within parliamentary proceedings. This aligns with statement (ii).

• Scope of Representation: The AG represents the government of India in all cases in the Supreme Court and other courts in which the Government of India is concerned. While not explicitly stated in the Constitution that the AG cannot defend accused persons without government permission, the AG's role is to represent the Union government. Defending private individuals, especially in cases against the government, could lead to a conflict of interest. Therefore, in practice, such actions would require careful consideration and likely government consent, making statement (iv) practically correct in the context of professional ethics and governmental representation.

• Distinction from Advocate General: It is important to distinguish the Attorney General (for the Union) from the Advocate General (for the States). The Advocate General is the highest law officer at the state level, appointed by the Governor.