Which one of the following statements about the Attorney General of India is not correct ?
He has the right of audience only in the Supreme Court of India.
Understanding the Attorney General of India
The Attorney General of India (AGI) is a crucial office in the Indian constitutional system. The AGI is the principal legal advisor to the Government of India. Article 76 of the Constitution deals with this important position.
Powers and Duties of the Attorney General of India
Let's examine the key aspects of the Attorney General's role as defined by the Constitution to determine which statement is not correct.
- Appointment and Qualification: The Attorney General is appointed by the President of India. To be appointed, a person must be qualified to be appointed as a Judge of the Supreme Court. This means they should have been a Judge of a High Court for five years or an advocate of a High Court for ten years or an eminent jurist in the opinion of the President.
- 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 AGI also performs other duties conferred 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. This right extends beyond just the Supreme Court.
- Term and Remuneration: The Attorney General holds office during the pleasure of the President. The AGI receives such remuneration as the President may determine. Unlike other government officials, the AGI's salary is not fixed by the Constitution or Parliament but is decided by the President.
Analyzing the Given Statements about the Attorney General of India
Let's evaluate each statement based on our understanding of the Attorney General's role:
- He has the right of audience only in the Supreme Court of India.
Based on Article 76(3) of the Constitution, the Attorney General has the right of audience in all courts in the territory of India. The statement limits this right to 'only' the Supreme Court, which is incorrect.
- He shall receive such remuneration as the President may determine.
Article 76(4) states that the Attorney General shall hold office during the pleasure of the President and shall receive such remuneration as the President may determine. This statement is correct.
- He shall be qualified to be appointed as a Judge of the Supreme Court.
Article 76(1) specifies that the person appointed as Attorney General must be qualified to be appointed as a Judge of the Supreme Court. This statement is correct.
- He shall give advice to the Government of India on all legal matters.
Article 76(2) outlines the duties of the Attorney General, which include giving advice to the Government of India upon legal matters referred or assigned by the President. This statement accurately reflects a key duty of the office.
Identifying the Incorrect Statement
Comparing the statements with the constitutional provisions regarding the Attorney General of India, we find that the statement claiming the AGI has the right of audience *only* in the Supreme Court is factually incorrect. The Attorney General has the right to appear before all courts within India's territory.
| Statement | Correctness based on Article 76 |
|---|---|
| Right of audience only in Supreme Court | Incorrect (Right in all courts) |
| Remuneration determined by President | Correct |
| Qualified as Supreme Court Judge | Correct |
| Advises Government on legal matters | Correct |
Therefore, the statement that is not correct about the Attorney General of India is the one limiting their right of audience to only the Supreme Court.
Revision Table: Attorney General of India Facts
| Feature | Description |
|---|---|
| Appointing Authority | President of India |
| Qualification | Qualified to be a Judge of the Supreme Court |
| Main Role | Chief Legal Advisor to the Government of India |
| Right of Audience | In all courts in the territory of India |
| Term of Office | During the pleasure of the President |
| Remuneration | Determined by the President |
Additional Information: Role of the Attorney General
Beyond advising the government, the Attorney General of India also represents the Union Government in all cases in the Supreme Court and High Courts where the government is concerned. The AGI does not fall in the category of government servants and is not debarred from private legal practice, although they cannot advise against the Government of India or accept appointment as a director in any company without the permission of the government. The office plays a vital role in the legal representation of the Union government.
Important Questions from Constitutional Bodies
Consider the following events :
1. Establishment of the Planning Commission
2. Formation of the National Development Council (NDC)
3. Approval of the First Five-Year Plan by the NDC
4. Constitution of the National Planning Committee
Which one of the following is the correct sequence of the above events?
- Who among the following is the Chairperson of the Goods and Services Tax Council?
Consider the following statements about Attorney-General in India:
1. She/he is the first law officer of the Government of India
2. She/he has a right to speak in any House of Parliament without any right to vote
3. She/he is appointed by the President of India
4. She/he is a whole-time counsel for the Government in the court of law
How many of the statements given above is/are correct?
Which of the following statements relating to the Comptroller and Auditor General (CAG) of India is/are correct?
1. The CAG can attend the sittings of the Committee on Public Accounts.
2. The CAG can attend the sittings of Lok Sabha and Rajya Sabha.
3. The jurisdiction of CAG is co-extensive with the powers of the Union Government.
Select the correct answer using the code given below:An Election Commissioner can be removed from office on the recommendation of
