Question

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

i. The Attorney General can be removed by the President at any time.

ii. The Constitution specifies the procedure and grounds for the removal of the Attorney General.

iii. By convention, the Attorney General resigns when the government changes.

• A. Only i
• B. Only i and iii
• C. Only ii and iii
• D. Only ii

Answer 1

Answer:

B. Only i and iii

Attorney General of India: Appointment and Removal

• Constitutional Basis: Article 76 of the Indian Constitution deals with the Office of the Attorney General for India.

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

• Tenure: The Attorney General holds office during the pleasure of the President. This implies that the President can remove the Attorney General at any time. (Statement i is correct)

• Removal Procedure: The Constitution does not specify any fixed term or a specific procedure or grounds for the removal of the Attorney General. Unlike a judge of the Supreme Court or High Court, there is no impeachment process. (Statement ii is incorrect)

• Resignation by Convention: Although the Attorney General can be removed by the President at any time, it is a well-established convention that the Attorney General resigns when the incumbent government (the one that appointed them) resigns or is dismissed. This ensures that the office is not seen as politically partisan. (Statement iii is correct)

• Eligibility Criteria: To be appointed as the Attorney General, a person must be a citizen of India and must 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.

• Role: The Attorney General is the highest legal officer in the country and advises the Government of India on legal matters.