UPSC Prelims 2013 Q12: Indian Polity – Union & State Executive
Consider the following statements. The 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?
- (a) 1 only
- (b) 2 and 4
- (c) 1, 2 and 3
- (d) 1 and 3 only
Answer: (c) 1, 2 and 3
Explanation
Rights of the Attorney-General of India in Parliament
Article 88 gives the Attorney-General the right to speak and take part in the proceedings of either House, any joint sitting, and any committee of which he is named a member.
He has no right to vote.
| Statement | Verdict |
|---|---|
| 1. Take part in the proceedings of the Lok Sabha | Correct |
| 2. Be a member of a committee of the Lok Sabha | Correct |
| 3. Speak in the Lok Sabha | Correct |
| 4. Vote in the Lok Sabha | Incorrect |
About the Attorney-General:
| Feature | Detail |
|---|---|
| Article | 76 |
| Appointed by | The President |
| Qualification | Qualified to be a Supreme Court judge |
| Tenure | During the pleasure of the President |
| Role | Highest law officer; has the right of audience in all courts |
The bank earlier stored corrupted options; these are now the original UPSC options.
Answer: (c) 1, 2 and 3.
Why each option is right or wrong
- (a) Incorrect. He can also be a committee member and speak in the House.
- (b) Incorrect. He cannot vote, so statement 4 is false.
- (c) CORRECT. He can take part, sit on a committee and speak, but not vote.
- (d) Incorrect. He can also be named a member of a committee (Article 88).
Key point
Attorney-General (Article 76): may speak and take part in either House and in committees he is named to (Article 88); cannot vote.
Remember
Attorney-General: everything except voting.
Common mistakes
- Thinking the Attorney-General cannot sit on a parliamentary committee.
- Giving him a vote; he is not a member of Parliament.
- Forgetting that he is not a full-time Government servant and may take private practice.
Exam tip
Article 88: speak, yes; take part, yes; committee, yes; vote, no.
Sources
- Constitution of India — Articles 76 and 88
- M. Laxmikanth — Indian Polity, chapter on Attorney General of India