UPSC Prelims 2000 Q5: Indian Polity – Union & State Executive
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
Explanation
Statements about the Attorney General of India
| Statement | Correct? |
|---|---|
| I. Appointed by the President | Yes — Article 76 |
| II. Same qualifications as a Supreme Court judge | Yes — Article 76(1) |
| III. Must be a member of Parliament | No — he is not a member, though he may speak in either House (Article 88) |
| IV. Removed by impeachment | No — holds office during the pleasure of the President |
Under Article 76, the President appoints as Attorney General a person qualified to be a judge of the Supreme Court.
He is not a member of either House, but under Article 88 he may speak and take part in the proceedings of both Houses, without the right to vote.
There is no impeachment: he holds office during the pleasure of the President.
So only I and II are correct.
Answer: (a) I and II.
Why each option is right or wrong
- (a) CORRECT. Appointment by the President and Supreme Court-judge qualifications are both true.
- (b) Incorrect. Statement III is false; he need not be a member of Parliament.
- (c) Incorrect. Statements III and IV are false.
- (d) Incorrect. Neither membership of Parliament nor impeachment applies.
Key point
The Attorney General has audience in all courts in India (Article 76(3)) and is not a full-time government servant.
Remember
Attorney General: Article 76, appointed by President, not an MP, no impeachment.
Common mistakes
- Thinking the Attorney General must be an MP because he can speak in Parliament.
- Applying impeachment, which is for judges and the President, to him.
- Confusing him with the Comptroller and Auditor General, who is removed like a Supreme Court judge.
Exam tip
Speaks in Parliament, never votes, serves at the President's pleasure.
Sources
- Constitution of India — Articles 76 and 88
- M. Laxmikanth — Indian Polity, chapter 'Attorney General of India'