Previous Year Question
With reference to the Attorney General of India, which of the following statement/s is/are correct?
A person is appointed as Attorney General, who is qualified to be appointed as a Judge of the Supreme Court.
The Attorney General can be removed through the same process as the Judges of the Supreme Court.
Select the correct answer from the code given below –
Code –
Both 1 and 2
Only 2
Neither 1 nor 2
Only 1
Correct Answer: D
Detailed Solution
Statement 1 is correct. Under Article 76(1), the President appoints a person as the Attorney General for India who is qualified to be appointed a Judge of the Supreme Court. Thus, it is not necessary for the Attorney General to actually be a Supreme Court Judge; possessing the qualifications prescribed for appointment as a Supreme Court Judge is sufficient.
Under the qualifications applicable to a Supreme Court Judge, the person must be a citizen of India and must have been a Judge of a High Court for at least 5 years, an Advocate of a High Court for at least 10 years, or be, in the opinion of the President, a distinguished jurist. The same qualification standard therefore applies to appointment as Attorney General.
Statement 2 is incorrect. The Attorney General is not removed through the special parliamentary process applicable to a Judge of the Supreme Court. Under Article 76(4), the Attorney General holds office during the pleasure of the President. The Constitution does not prescribe an impeachment-type process for removal of the Attorney General.
This creates an important distinction between a Supreme Court Judge and the Attorney General. A Supreme Court Judge can be removed on the ground of proved misbehaviour or incapacity through the constitutionally prescribed special parliamentary process, whereas the Attorney General holds office at the pleasure of the President.
The principal duty of the Attorney General is to advise the Government of India on legal matters referred or assigned by the President and perform other legal duties. Article 76(3) also gives the Attorney General the right of audience in all courts in the territory of India.
Another important fact is that the Constitution does not prescribe a fixed tenure for the Attorney General, and the remuneration is such as the President may determine.