Who appoints the Attorney General of India?
A. President of India
B. Prime Minister of India
C. Chief Justice of India
D. Union Law Minister
Answer
597k+ views
Hint: The Attorney General of India is the first Law Officer. Even though being the Law Officer of India, it does not have the right to vote but has the right to participate in the proceedings of the Parliament.
Complete Step by Step Answer: The Attorney General of India is appointed by the President and has the right to audience in all courts of India. He advises the Government of India on legal matters.
Two Solicitor General and four Additional Solicitor General assist the Attorney General of India. He is to be consulted only in legal matters of real importance and only after it has been consulted with the Ministry of Law. All references are made by the Ministry of Law with regard to the Attorney General. The Attorney General accepts the directorship of a company without the permission of the Government and cannot defend an accused in criminal proceedings. Let us examine the options –
Option A – The President of India appoints the Attorney General of India and such a provision is backed by the Constitution.
Option B – The Prime Minister does not have the power to appoint the Attorney General of India and such a provision is not backed by the Constitution.
Option C – The Chief Justice of India deals with the Supreme Court and not with the Attorney General, hence this option is wrong.
Option D – Although in some matters the Union Law Ministry has an upper hand and should be consulted before the Attorney General, but he does not have the right to appoint the Attorney General.
Hence the correct answer is option (A).
Note: The Attorney General of India is like an Advocate General of a State is not supposed to be a political appointee, in spirit, but this is not the case in practice. Every time a party comes to power in general elections, in India, all the law officers resign and law officers loyal to the new party are appointed.
Complete Step by Step Answer: The Attorney General of India is appointed by the President and has the right to audience in all courts of India. He advises the Government of India on legal matters.
Two Solicitor General and four Additional Solicitor General assist the Attorney General of India. He is to be consulted only in legal matters of real importance and only after it has been consulted with the Ministry of Law. All references are made by the Ministry of Law with regard to the Attorney General. The Attorney General accepts the directorship of a company without the permission of the Government and cannot defend an accused in criminal proceedings. Let us examine the options –
Option A – The President of India appoints the Attorney General of India and such a provision is backed by the Constitution.
Option B – The Prime Minister does not have the power to appoint the Attorney General of India and such a provision is not backed by the Constitution.
Option C – The Chief Justice of India deals with the Supreme Court and not with the Attorney General, hence this option is wrong.
Option D – Although in some matters the Union Law Ministry has an upper hand and should be consulted before the Attorney General, but he does not have the right to appoint the Attorney General.
Hence the correct answer is option (A).
Note: The Attorney General of India is like an Advocate General of a State is not supposed to be a political appointee, in spirit, but this is not the case in practice. Every time a party comes to power in general elections, in India, all the law officers resign and law officers loyal to the new party are appointed.
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