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Question

Consider the following statements: Attorney General of India can 

1. take part in the proceedings of the Lok Sabha 

2. be a member of a committee of the Lok Sabha 

3. speak in the Lok Sabha 

4. vote in the Lok Sabha 

Which of the statements given above is/are correct?

The correct answer is

1, 2 and 3

Understanding the Powers of the Attorney General of India in Lok Sabha

The question asks about the specific rights and powers of the Attorney General of India concerning the Lok Sabha, which is the lower house of the Indian Parliament. The role and powers of the Attorney General are primarily defined by the Constitution of India, particularly under Article 76 and Article 88.

Examining the Statements based on Constitutional Provisions

Let's analyze each statement provided in the question, keeping in mind the relevant constitutional articles:

  • Statement 1: take part in the proceedings of the Lok Sabha
  • According to Article 88 of the Constitution, the Attorney General of India has the right to speak in, and otherwise take part in the proceedings of, either House of Parliament (including the Lok Sabha). This statement is correct.
  • Statement 2: be a member of a committee of the Lok Sabha
  • Article 88 also states that the Attorney General has the right to take part in any committee of Parliament of which he may be named a member. This means the Attorney General can indeed be a member of a committee of the Lok Sabha if appointed to it. This statement is correct.
  • Statement 3: speak in the Lok Sabha
  • As mentioned in the analysis of Statement 1, Article 88 explicitly grants the Attorney General the right to speak in either House of Parliament, which includes the Lok Sabha. This statement is correct.
  • Statement 4: vote in the Lok Sabha
  • While Article 88 grants the Attorney General rights to participate and speak, it also explicitly states that the Attorney General "shall not by virtue of this Article be entitled to vote". Therefore, the Attorney General cannot vote in the Lok Sabha. This statement is incorrect.

Summary of Attorney General's Rights in Parliament

Based on the analysis, statements 1, 2, and 3 accurately describe the rights of the Attorney General of India in the Lok Sabha as per Article 88 of the Constitution. Statement 4 is incorrect as the Attorney General does not have the right to vote in Parliament.

The statements that are correct are 1, 2, and 3.

Attorney General's Rights in Parliament (Article 88)
Right/Power Applicable? Reason (based on Article 88)
Take part in proceedings Yes Explicitly granted
Be a member of a committee Yes If named a member
Speak Yes Explicitly granted
Vote No Expressly prohibited

Revision Table: Key Facts about Attorney General and Parliament

Attorney General and Parliamentary Participation
Feature Description
Constitutional Basis Articles 76 and 88
Right to Speak In either House (Lok Sabha, Rajya Sabha)
Right to Participate In proceedings of either House and joint sittings
Committee Membership Can be a member if named to a committee of Parliament
Right to Vote NO right to vote in Parliament or its committees
Nature of Role Legal advisor to the government, not a Member of Parliament

Additional Information on the Attorney General of India

The Attorney General of India is the highest law officer of the country. Here are some important points about this office:

  • Appointment: The Attorney General is appointed by the President of India and holds office during the pleasure of the President.
  • Qualifications: A person appointed as Attorney General must be qualified to be appointed a Judge of the Supreme Court. This requires being a citizen of India and having been a judge of a High Court for five years or an advocate of a High Court for ten years, or being, in the opinion of the President, a distinguished jurist.
  • Duties: The primary duty of the Attorney General is to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President. The Attorney General also discharges the functions conferred on him by or under the Constitution or any other law.
  • Right of Audience: The Attorney General has the right of audience in all courts in the territory of India.
  • Not a Government Servant: The Attorney General is not a government servant and is not debarred from private legal practice.
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Important Questions from Constitutional Bodies

  1. The Chief Election Commissioner of India holds office for a period of:

  2. Who among the following is the only President of India to have completed two terms in office till date?

  3. Which article of the Indian Constitution deals with the vesting of the superintendence, direction and control of elections in the Election Commission?

  4. Who will remain the Attorney General of India till June 30, 2022?

  5. Choose the correct alternative:

    The Chairman of a Joint Public Service Commission for two or more States is appointed by

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