Q. Consider the following statements regarding the Attorney General for India:
1.The Constitution mandates that the AG must be a person qualified to be appointed as a Judge of the Supreme Court.
2.Under Article 105, the AG is entitled to all the privileges and immunities available to a Member of Parliament during their participation in house proceedings.
3.Since the AG is not a full-time counsel for the Government nor a government servant, they are permitted to maintain a private legal practice.
Which of the statements given above are correct?

[A] 1 and 2 only

[B] 1 and 3 only

[C] 2 and 3 only

[D] 1, 2 and 3

Answer: D
Notes:

Explanation:

  • Statement 1 is Correct: Per Article 76, the eligibility criteria are identical to those of an SC Judge.
  • Statement 2 is Correct: Although the AG is not a member of Parliament, Article 105(4) explicitly extends the privileges and immunities of an MP to persons who have the right to speak in and otherwise take part in proceedings.
  • Statement 3 is Correct: The AG is not a “debarred” government servant. However, they cannot advise against the GOI or defend accused persons in criminal cases without permission from the GOI.
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