As per Article 76 of the Indian Constitution, the President shall appoint a person to be Attorney General for India:
- (a)who is qualified to be appointed a Judge of the High Court.
- (b)who has been an advocate of the Supreme Court for at least seven years.
- (c)who is qualified to be appointed a Judge of the Supreme Court.
- (d)who has been an advocate of the High Court for at least seven years.
Correct — C, who is qualified to be appointed a Judge of the Supreme Court. Article 76(1) says the President shall appoint as Attorney General for India a person qualified, under Article 124(3), to be a Supreme Court Judge — i.e., a citizen of India who has been a High Court Judge for five years, or a High Court advocate for ten years, or is in the President's opinion a distinguished jurist.
- (a)who is qualified to be appointed a Judge of the High Court. — This is a lower, different threshold (Article 217(2)) — it is the qualification for the Advocate General of a STATE (Article 165), not for the Union's Attorney General.
- (b)who has been an advocate of the Supreme Court for at least seven years. — There is no such 'seven-year Supreme Court advocate' criterion anywhere in Article 76 or Article 124(3) — this option does not describe a real qualification route.
- (d)who has been an advocate of the High Court for at least seven years. — This resembles one real route within the Supreme Court Judge qualification (a High Court advocate), but the actual required duration is ten years, not seven, and it is only one of three alternative routes under Article 124(3).
The Attorney General for India (Article 76) is the Union's highest law officer, appointed by the President, and required to have the SAME qualifications as a Supreme Court Judge (Article 124(3)) — not a separately defined, lower-tier qualification of his own.
Exams test this by offering a plausible-but-wrong 'X years as an advocate' figure, or by swapping in the High Court Judge qualification (which is actually the criterion for a STATE's Advocate General, Article 165, not for the Attorney General). Anchor it as: Attorney General → Supreme Court Judge level; Advocate General (State) → High Court Judge level.
- Article 76(1): the Attorney General must be qualified to be appointed a Supreme Court Judge (per Article 124(3)).
- Article 124(3) qualification routes: 5 years as a High Court Judge, OR 10 years as a High Court advocate, OR a distinguished jurist in the President's opinion.
- The Advocate General for a State (Article 165) needs the HIGH COURT Judge qualification instead — a different, lower-tier post.
- The Attorney General holds office during the President's pleasure and has the right to speak in and take part in the proceedings of both Houses of Parliament (Article 88), without a vote.
The Attorney General is pegged to Supreme Court Judge qualifications; the state-level Advocate General is pegged one court down, to High Court Judge qualifications.
- Confusing the Attorney General's Supreme-Court-Judge-level qualification (Article 76) with the State Advocate General's High-Court-Judge-level qualification (Article 165)
- Assuming the Solicitor General is a constitutional post like the Attorney General — it is a statutory post
MPPSC/UPSC test the exact 'qualified to be judge of X court' chain for law officers — anchor Attorney General → Supreme Court Judge, State Advocate General → High Court Judge.
Consider the following statements about the Attorney General of India: I. He is appointed by the President of India. II. He must have the same qualifications as are required for a Judge of the Supreme Court. III. He must be a member of either House of Parliament. IV. He can be removed by impeachment by Parliament. Which of these statements are correct?
- (a) I and II
- (b) I and III
- (c) II, III and IV
- (d) III and IV
Answer(a) I and II
UPSC 2000 tests the identical Article 76 facts — appointment by the President and the Supreme-Court-Judge qualification bar — as this question.
- practice — not a real PYQ
The Advocate General for a State is required to have the qualifications necessary for appointment as a:
- (a)Judge of the Supreme Court
- (b)Judge of a High Court
- (c)District Judge
- (d)Member of the State Public Service Commission
Answer(b) Judge of a High Court (Article 165 read with Article 217(2)).
- practice — not a real PYQ
Which of the following law officers does NOT hold a post created directly by the Constitution?
- (a)Attorney General for India
- (b)Solicitor General of India
- (c)Advocate General for a State
- (d)Comptroller and Auditor General
Answer(b) Solicitor General of India — a statutory, not a constitutional, post.