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Question

Q. Consider the following statements with respect to the office of the Attorney General for India:

Which of the above statements is/are incorrect?


A
1 and 3 only
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B
2 and 3 only
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C
1 only
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D
2 only
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Solution

The correct option is B 2 and 3 only

Explanation:

Statement 1 is correct: Article 76 of the Indian Constitution under its Part-V deals with the position of Attorney General for India. The President of India appoints a person who is qualified for the post of Supreme Court Judge. The Attorney General is appointed by the President on the advice of the government. These are the qualifications:

  1. He should be an Indian Citizen.
  2. He must have either completed 5 years in the High Court of any Indian state as a judge or 10 years in the High Court as an advocate.
  3. He may be an eminent jurist too, in the eye of the President.

Statement 2 is incorrect: The Attorney General (AG) for India is a part of the Union Executive. There is no fixed term for the Attorney General for India. The Constitution mentions no specified tenure of the Attorney General. Similarly, the Constitution also does not mention the procedure and ground of his removal.

  1. He can be removed by the President at any time
  2. He can quit by submitting his resignation only to the President
  3. Since he is appointed by the President on the advice of the Council of Ministers, conventionally he is removed when the council is dissolved or replaced

Statement 3 is incorrect: The Attorney General (AG) for India is not a full-time counsel for the government. He does not fall in the category of government servants. He is not debarred from private legal practice.


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