Question

Which of the following statements are correct regarding the appointment and tenure of the Attorney General?

1. The Constitution of India explicitly fixes the term of office for the Attorney General at five years.

2. The Attorney General can be removed by the President at any time, as he/she holds office during the ‘pleasure of the President’.

3. To be qualified, a person must have been a High Court advocate for a minimum period of 5 years.

• A. 1 & 2
• B. 2 only
• C. 1 & 3
• D. All are correct

Answer 1

Answer:

B. 2 only

Attorney General of India

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

• Appointment: The President appoints the Attorney General.

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

• Tenure: The Constitution does not specify a fixed term for the Attorney General. The AG holds office during the pleasure of the President.

• Removal: Consequently, the President can remove the Attorney General at any time, even though a convention exists for the AG to resign when the government that appointed him/her resigns.

• Role: The AG is the highest law officer of the country. His/her primary duty is to advise the Government of India on legal matters and to perform other duties of a like nature as may be referred to or assigned to him/her by the President.

• Remuneration: The remuneration of the Attorney General shall be determined by the President.

• Parliamentary Participation: The Attorney General has the right to speak and to take part in the proceedings of both Houses of Parliament or any Committee of Parliament of which he may be named a member, but without the right to vote.