Who appoints the Attorney General of India?

Q.  Which of the following is/are true regarding Attorney General of India?

1) Article 76 deals with Attorney General of India.
2) Post of Solicitor General is not created by the Constitution.
- Published on 15 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Both 1 and 2
 
  • Article 76 provides for the office of the Attorney General for India who is the highest law officer in the country.

    • Appointment and Term of the Attorney General -

  • The Attorney General (AG) is appointed by the President.

  • He must be a person who is qualified to be appointed a judge of the Supreme Court.

  • That means, he must be a citizen of India and he must have been a judge of some High Court for five years or an advocate of some High Court for ten years or an eminent jurist, in the opinion of the President.

  • The term of office of the AG is not fixed by the Constitution.

  • Also, the Constitution does not contain the procedure and grounds for his removal.

  • He holds office during the pleasure of the President.

  • Thus, he may be removed by the President at any time.

  • He may also quit his office by submitting his resignation to the President.

  • Conventionally, he resigns when the government (Council of Ministers) resigns or is replaced.

  • This is because he is appointed on the government’s advice.

  • The remuneration of the AG is not fixed by the constitution and receives such remuneration as the President may decide.

    • Solicitor General of India -

  • Apart from AG, there are other law officers of the Government of India.

  • They are the solicitor general of India and additional solicitor general of India.

  • They assist the AG in the fulfilment of his official responsibilities.

  • Only the office of the AG is created by the constitution.

  • Article 76 does not mention about the solicitor general and additional solicitor general.

  • The AG is not a member of the central cabinet.

  • There is a separate law minister in the central cabinet to look after legal matters at the government level.

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