Question

Which of the following statements are correct regarding the "eminent jurist" clause for the qualification of the Attorney General?

1. It is an alternative qualification that allows the President to appoint a distinguished legal expert who may not have served as a judge or advocate for the required period.

2. The President’s opinion on who qualifies as an "eminent jurist" is subjective and final.

3. This is the most common and frequently used criterion for appointing an Attorney General.

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

Answer 1

Answer:

A. 1 & 2

Attorney General of India - Qualifications and Appointment

• The Constitution of India (Article 76) outlines the qualifications for the Attorney General (AG).
• The primary qualification is that the person must be eligible to be appointed a Judge of the Supreme Court.
• This eligibility criteria, in turn, requires the individual to have been a citizen of India and to have served as a judge of a High Court for at least five years, OR an advocate of a High Court for at least ten years, OR an eminent jurist in the opinion of the President.
• The "eminent jurist" clause acts as an alternative qualification. It allows the President to appoint someone who, while not necessarily meeting the judge or advocate experience criteria, is recognized for their profound knowledge and expertise in law.
• The President's assessment of who constitutes an "eminent jurist" is generally considered subjective, and their opinion holds significant weight in the appointment process.
• While the "eminent jurist" clause exists, appointments to the post of Attorney General have historically been made based on the criteria of experience as a judge or a senior advocate, making it the more frequently used criterion in practice. The "eminent jurist" route is less common.
• The Attorney General is the highest legal officer of the Government of India and advises the government on legal matters.
• The AG is appointed by the President of India and holds office during the pleasure of the President.
• Unlike judges, there is no fixed age of retirement for the Attorney General.