Q. With reference to the Attorney General of India, consider the following statements:
1. The term of his/her office is fixed at five years by the Constitution itself.
2. She/He enjoys all the privileges and immunities that are available to a Member of Parliament.
3. She/He is debarred from private practice while she/he is working for the Government.
4. Unlike Advocate General of a state, a person who is an ‘eminent jurist’ in the opinion of the President can be appointed as Attorney General.
How many statements given above are correct?
Exp) Option b is the correct answer
The Constitution of India under Article 76 has provided for the office of the Attorney General for India. He is the highest law officer in the country.
Statement 1 is incorrect – The term of office of the AG is not fixed by the Constitution.
Statement 2 is correct – There has been several privileges given to him for smooth functioning. He enjoys right of audience in all courts in territory of India. Also, he has right to speak and take part in the proceedings of both the houses or joint sitting or any committee but without a right to vote. Also, he enjoys all the privileges and immunities available to the Member of Parliament.
Statement 3 is incorrect. Attorney General is not a fulltime counsel for the Government. He does not fall in the category of government servants thus he is not debarred from private legal practice.
Statement 4 is correct. A person who is an ‘eminent jurist’ in the opinion of the President can be appointed as an Attorney General but not as an advocate general of a state.
| Important Tips The Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the President. This means that he may be removed by the President at any time. He may also quit his office by submitting his resignation to the president. Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice. |
