Question

Which of the following statements is/are correct regarding the qualifications of the Attorney General of India?

i. The Attorney General must be an Indian citizen.

ii. The Attorney General must have been a High Court judge for at least 5 years or an advocate in a High Court for 10 years, or an eminent jurist as per the President's opinion.

iii. The Attorney General must have served as a Supreme Court judge for at least 3 years.

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

Answer 1

Answer:

B. Only i and ii

Attorney General of India: Qualifications and Role

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

• Citizenship Requirement: To be appointed as the Attorney General, an individual must be a citizen of India. This is a fundamental eligibility criterion.

• Judicial or Legal Experience: The Constitution specifies that the AG must be a person who:

  • Has held the office of a Judge of a High Court for at least five years, OR

  • Has been an Advocate of a High Court (or two or more such courts in succession) for at least ten years, OR

  • Is, in the opinion of the President, an eminent jurist.

• Distinction from Supreme Court Judge Qualifications: While experience as a High Court judge or advocate is specified, there is no direct requirement to have served as a Supreme Court judge. The qualifications are distinct from those required for appointing a Supreme Court judge.

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

• Role of the Attorney General: The AG is the highest law officer of the Government of India. Their primary role is to advise the Government on legal matters and perform other legal duties as may be referred or assigned to them by the President.

• Key Responsibilities:

  • To represent the Government of India in all Supreme Court cases in which the Government of India is concerned.

  • To appear in any High Court in any proceeding in which the Government of India is concerned.

  • To discharge the functions conferred on a counsel by the provisions of the Constitution or by any other law for the time being in force.

• Tenure and Removal: The Attorney General holds office during the pleasure of the President and may resign at any time. There is no fixed tenure.

• Comparison with Solicitor General: The Attorney General is assisted by a Solicitor General and other Additional Solicitors General, who also represent the government in courts.