Question

Which of the following statements correctly describe the Attorney General's relationship with Parliament and the Judiciary?
(i) The Attorney General has the right to speak in both Houses of Parliament but lacks the right to vote.
(ii) The Attorney General enjoys the right of audience in any court within the territory of India.
(iii) The Attorney General can be made a member of any parliamentary committee, which grants him/her voting rights within that committee.

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

Answer 1

Answer:

A. Only (i) and (ii)

Attorney General of India: Role and Privileges

• Constitutional Basis: The office of the Attorney General (AG) for India is established under Article 76 of the Constitution of India.

• Appointment: The AG is appointed by the President of India.

• Eligibility: To be appointed as AG, a person must be qualified to be appointed a Judge of the Supreme Court. This implies they should 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 be a distinguished jurist in the opinion of the President.

• Tenure and Removal: The AG holds office during the pleasure of the President. There is no fixed tenure, and they can be removed by the President at any time.

Relationship with Parliament:

• Right to Participate: As per Article 88 of the Constitution (commonly known as the 'Golden Position' of the AG), the Attorney General has the right to address both Houses of Parliament (Lok Sabha and Rajya Sabha).

• Freedom of Speech: The AG can participate in the proceedings of both Houses of Parliament and any committee of Parliament of which he may be named a member.

• No Voting Right: Despite having the right to speak and participate, the Attorney General does not have the right to vote in Parliament. This is because the AG is not a member of Parliament.

Relationship with the Judiciary:

• Right of Audience: The Attorney General has the right of audience in all courts in the territory of India in the performance of his duties. This means they can represent the government in any court.

• Legal Advisor to the Government: The AG is the principal legal advisor to the Government of India.

• Duties: The AG 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.

Distinction from Membership:

• Not a Member of Parliament: The Attorney General is an ex-officio officer of the government but not a member of either House of Parliament.

• No Membership in Committees: While the AG can be part of parliamentary committees, being named a member does not automatically grant voting rights. Voting rights are typically reserved for elected or nominated members of the committee. The AG's role in committees is usually advisory.