Question map
Consider the following statements with respect to the Attorney General of India 1. He is appointed by the President. 2. He must have the same qualifications as are required by a Judge of High Court. 3. In the performance of his duties he shall have the right of audience in all courts of India. Which of the statements given above is/are correct ?
Explanation
According to Article 76 of the Indian Constitution, the Attorney General (AG) is appointed by the President [c1, t1]. Statement 1 is correct. Regarding qualifications, the AG must be a person qualified to be appointed as a Judge of the Supreme Court, not a High Court [c1, t5]. This requires being a citizen and having served as a High Court judge for five years, an advocate for ten years, or being an eminent jurist [c1, t5]. Thus, statement 2 is incorrect. Statement 3 is correct as Article 76(3) explicitly grants the AG the right of audience in all courts within the territory of India while performing official duties [t2, t6]. While the Advocate-General of a State requires High Court judge qualifications [c2], the Attorney General's criteria are higher, aligned with the Supreme Court [c1].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 53: Attorney General of India > APPOINTMENT AND TERM > p. 450
- [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > 4. The Advocate-General > p. 278