Previous Year Question
Consider the following statements:
The Attorney General of India can:
Take part in the proceedings of the Lok Sabha.
Be a member of a Committee of the Lok Sabha.
Speak in the Lok Sabha.
Vote in the Lok Sabha.
Which of the statements given above is/are correct?
Only 1
2 and 4
1, 2 and 3
1 and 3
Correct Answer: C
Detailed Solution
Statement 1 is correct. Article 88 gives the Attorney General of India the right to participate in the proceedings of either House of Parliament. The Attorney General need not be a Member of Parliament to exercise this right.
Statement 2 is correct. The Attorney General may participate in the proceedings of a parliamentary committee of which the Attorney General has been named a member. The Attorney General may therefore be a nominated member of a Lok Sabha Committee and participate in its work.
Statement 3 is correct. Under Article 88, the Attorney General has the right to speak in the Lok Sabha, the Rajya Sabha and a joint sitting of both Houses. Article 105(4) also extends the relevant parliamentary privileges to the Attorney General while speaking or participating in parliamentary proceedings.
Statement 4 is incorrect. Article 88 does not grant the Attorney General a right to vote in Parliament. Unless separately elected or nominated as a Member of Parliament, the Attorney General cannot vote in either House or a parliamentary committee. Ordinarily, the Attorney General is not a Member of Parliament.
Under Article 76, the President appoints as Attorney General a person qualified to be appointed a judge of the Supreme Court. The Attorney General is the highest law officer of the Government of India and advises the Government on legal matters.
The Attorney General may appear on behalf of the Government of India before the Supreme Court and other courts. Article 76(3) grants the right of audience in all courts within the territory of India. The Attorney General holds office during the pleasure of the President.