Question

With reference to the Attorney General of India, consider the following statements:

i. The Attorney General is appointed by the President and holds office at the pleasure of the President.
ii. The Attorney General is a full-time government servant and is debarred from private legal practice.
iii. The Attorney General has the right of audience in all courts in the territory of India.
iv. The Attorney General is a member of the Central Cabinet and advises the Prime Minister directly.

Which of the statements given above are correct?

• A. Only (i and iii)
• B. Only (ii and iv)
• C. Only (i and ii)
• D. Only (iii and iv)

Answer 1

Answer:

A. Only (i and iii)

Attorney General of India: Key Aspects for Competitive Exams

• Appointment and Tenure: The Attorney General (AG) is appointed by the President of India under Article 76 of the Constitution. They hold office during the pleasure of the President, meaning the President can remove them at any time.
• Eligibility Criteria: To be appointed as AG, a person must be a citizen of India and have completed at least 10 years of experience as a judge of a High Court or an advocate of a High Court or two or more such courts in succession.
• Remuneration: The Constitution does not specify the salary and allowances of the AG. These are determined by the President.
• Rights and Duties:
  • The AG has the right to speak and to take part in the proceedings of both Houses of Parliament (Lok Sabha and Rajya Sabha) and any joint sitting, but without a right to vote.
  • They have the right of audience in all courts throughout the territory of India, including the Supreme Court and High Courts.
  • The AG represents the Government of India in all cases in the Supreme Court and other courts.
  • They are the chief legal advisor to the Government of India.
• Exclusions and Limitations:
  • The AG is not a full-time government servant. While they are expected to give their best to the government, they are not debarred from private legal practice. However, they must not accept a brief against the Government of India.
  • The AG is not a member of the Central Cabinet. They are not required to attend all Cabinet meetings but may be called upon to attend when their advice is required.
  • The AG is not considered a government employee in the strict sense and thus does not fall under the typical service rules applicable to civil servants.
• Distinction from Advocate General: The Advocate General is the chief legal advisor to the state government and has similar rights within the respective state.