Previous Year Question
Consider the following statements in the context of Attorney General of India:
The President shall appoint a person who is qualified as to be appointed a Judge of Supreme Court.
The Attorney General shall receive such remuneration as the Parliament may determine.
Select the correct answer using the codes given below.
Codes:
Only 1 is correct
Only 2 is correct
Both 1 and 2 are correct
Neither 1 nor 2 is correct
Correct Answer: A
Detailed Solution
Statement 1 is correct. According to Article 76(1) of the Constitution, the President appoints a person as the Attorney General for India who is qualified to be appointed a Judge of the Supreme Court.
The qualifications for appointment as a Judge of the Supreme Court are prescribed in Article 124(3). The person must be a citizen of India and must have been a Judge of a High Court for at least 5 years, or an advocate of a High Court for at least 10 years, or must be, in the opinion of the President, a distinguished jurist. Therefore, the same constitutional qualification standard applies to the Attorney General.
Statement 2 is incorrect. Under Article 76(4), the Attorney General receives such remuneration as the President may determine, not as Parliament may determine. The same clause also provides that the Attorney General holds office during the pleasure of the President.
The principal duty of the Attorney General is to advise the Government of India on legal matters referred to him. He also performs other legal duties assigned by the President and has the right of audience in all courts in the territory of India. These provisions are contained in Articles 76(2) and 76(3) respectively.
For examination purposes, the key distinction should be remembered—the President appoints the Attorney General, the office is held during the pleasure of the President, and the remuneration is also determined by the President.