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.