Consider the following statements in the context of Attorney General of India: 1. The President shall appoint a person who is qualified as to be appointed a Judge of Supreme Court. 2. The Attorney General shall receive such remuneration as the Parliament may determine. Select the correct answer using the codes given below. Codes:
- (a)Only 1 is correct
- (b)Only 2 is correct
- (c)Both 1 and 2 are correct
- (d)Neither 1 nor 2 is correct
Correct — (a), only statement 1. Article 76(1) provides that the President appoints as Attorney General for India a person who is qualified to be appointed a Judge of the Supreme Court — so statement 1 is accurate. Statement 2 is wrong on who fixes the pay: under Article 76(4), the Attorney General holds office during the pleasure of the President and receives such remuneration as the President — not Parliament — may determine. Because statement 2 attributes this to Parliament, only statement 1 is correct.
- (b)Only 2 is correct — Wrong — statement 2 is false. The Attorney General's remuneration is determined by the President (Article 76(4)), not by Parliament; and statement 1 is the true one.
- (c)Both 1 and 2 are correct — Wrong — statement 2 is false (remuneration is fixed by the President, not Parliament), so both cannot be correct.
- (d)Neither 1 nor 2 is correct — Wrong — statement 1 is correct: the Attorney General must be qualified to be a Judge of the Supreme Court (Article 76(1)), so it is not 'neither'.
The Attorney General for India (Article 76) is the Government of India's chief legal adviser and its highest law officer. To be appointed, a person must have the qualifications of a Supreme Court judge (a citizen of India who has been a High Court judge for 5 years, or an advocate of a High Court for 10 years, or a distinguished jurist in the President's opinion). The AG is appointed by, and holds office during the pleasure of, the President, who also determines the remuneration. The AG has the right of audience in all courts of India and can speak in Parliament but cannot vote.
The two-statement trap swaps 'President' for 'Parliament' on remuneration. Contrast with Supreme Court and High Court judges, whose salaries ARE determined by Parliament — that is the confusion the setter exploits. For the Attorney General there is no fixed constitutional salary; the President fixes the pay.
- Article 76(1): the Attorney General is appointed by the President and must be qualified to be a Judge of the Supreme Court
- Article 76(4): the AG holds office during the pleasure of the President and receives such remuneration as the President (not Parliament) may determine
- The AG has the right of audience in all courts in India and may speak/take part in Parliament and its committees but cannot vote (Article 88)
- M.C. Setalvad was the first Attorney General of India
- President vs Parliament for fixing the Attorney General's remuneration
- Assuming the AG must be a Member of Parliament, or confusing the AG (Article 76) with the Advocate General of a State (Article 165)
Statement-based items on the AG's appointment, qualification, remuneration and right of audience; or matching law officers to their articles.
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
Same concept — the constitutional position of the Attorney General. This UPSC item confirms exactly statement 1 of the UPPSC question: the AG is appointed by the President and must be qualified to be a Supreme Court judge (and is not removed by impeachment).
Consider the following statements: 1. Attorney General of India and Solicitor General of India are the only officers of the Government who are allowed to participate in the meetings of the Parliament of India. 2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns. Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer(d) Neither 1 nor 2
Same office, different provisions. It tests the AG's right to participate in Parliament (Article 88 gives this to the AG, not the Solicitor General) and the 'pleasure of the President' tenure (Article 76(4)) — the same constitutional framework behind this UPPSC item.
- practice — not a real PYQ
The remuneration of the Attorney General of India is determined by
- (a)the Parliament
- (b)the President
- (c)the Union Cabinet
- (d)the Chief Justice of India
Answer(b) the President — under Article 76(4); there is no fixed constitutional salary for the AG.
- practice — not a real PYQ
To be appointed Attorney General of India, a person must have the qualifications of
- (a)a Member of Parliament
- (b)a Judge of the Supreme Court
- (c)a Judge of a High Court only
- (d)the Comptroller and Auditor General
Answer(b) a Judge of the Supreme Court — as required by Article 76(1).