Q. The Attorney General of India is the highest law officer in the country. In this context, consider the following statements:
1. S/he has the right of audience in Supreme court only.
2. S/he is debarred from attending any joint sitting of Parliament but can attend the proceedings of either house of Parliament.
3. S/he gives advice to the Government of India upon such legal matters, which are referred to him/her by the President.
4. The remuneration of the Attorney General is determined by the President.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
Article 76 of the Indian Constitution provides for the Attorney General of India. He is the highest law officer in the country.
Statements 1 and 2 are incorrect: In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India and not just Supreme court. Further, he has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a member of Parliament.
Statement 3 is correct: As the chief law officer of the Government of India, the duties of the AG include the following:
- To give advice to the Government of India upon such legal matters, which are referred to him by the president.
- To perform such other duties of a legal character that are assigned to him by the president.
- To discharge the functions conferred on him by the Constitution or any other law.
Statement 4 is correct: The remuneration of the Attorney General is determined by the President. He may also quit his office by submitting his resignation to the President.
| Important Tips Attorney General of India: 1. He is appointed by the President. 2. He must be a person who is qualified to be appointed a judge of the Supreme Court. 3. The term of office of the AG is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the president. 4. The Attorney General is not a full-time counsel for the Government. 5. He is not debarred from private legal practice. 6. The president has assigned the following duties to the Attorney General of India: 7. To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned. 8. To represent the Government of India in any reference made by the president to the Supreme Court under Article 143 of the Constitution. |
