Question 1

Consider the following pairs:
1. Article 76 : Rights of Attorney-General as respects the Houses of Parliament
2. Article 88 : Attorney-General of India
3. Article 105 : Powers, privileges and immunities of Attorney-General
How many of the pairs given above are correctly matched?

Accepted Answer

Only one pair. Article 76 deals with the office of the Attorney-General of India. Article 88 pertains to the Rights of the Attorney-General as respects the Houses of Parliament and its Committees. Article 105 covers the powers, privileges, and immunities of the Attorney-General. Therefore, only the third pair is correctly matched.

Question 2

With reference to the Attorney General for India, consider the following statements:
1. The Attorney General has the right to speak and take part in the proceedings of a joint sitting of the Parliament.
2. The Attorney General is considered a full-time counsel for the Government and falls in the category of government servants.
3. The Attorney General can defend accused persons in criminal prosecutions without the permission of the Government of India.
4. The Constitution provides for the office of the Solicitor General to assist the Attorney General.
Which of the statements given above is/are correct?

Accepted Answer

1 only. Statement 1 is correct; the AG has the right to speak and participate in parliamentary proceedings. Statement 2 is incorrect; the AG is not a full-time counsel and does not fall in the category of government servants. Statement 3 is incorrect; the AG cannot defend accused persons in criminal prosecutions without government permission. Statement 4 is incorrect; only the office of the AG is created by the Constitution (Article 76), not the Solicitor General.

Question 3

Consider the following statements regarding the tenure and removal of the Attorney General (AG) for India:
1. The term of office of the AG is fixed by the Constitution for a period of five years.
2. The Constitution lays down the specific procedure and grounds for the removal of the AG.
3. The AG holds office during the pleasure of the president.
Which of the statements given above is/are NOT correct?

Accepted Answer

1 and 2 only. Statements 1 and 2 are incorrect. The Constitution does not fix the term of office for the Attorney General, nor does it contain the procedure and grounds for his removal. Statement 3 is correct; the AG holds office during the pleasure of the president, meaning the president can remove him at any time.

Question 4

Consider the following qualifications for the appointment of the Attorney General for India:
1. Must be a citizen of India.
2. Must have been a judge of some high court for five years.
3. Must have been an advocate of some high court for ten years.
4. Must be an eminent jurist in the opinion of the President.
How many of the above are valid qualifications for a person to be appointed as Attorney General?

Accepted Answer

All four. To be appointed as the Attorney General, a person must be qualified to be appointed a judge of the Supreme Court. This requires being a citizen of India AND meeting one of the following three conditions: being a high court judge for five years, OR a high court advocate for ten years, OR an eminent jurist in the president's opinion. All four listed points are part of the eligibility criteria.

Question 5

Statement I: The Attorney General for India is not a member of the Central Cabinet.
Statement II: There is a separate Law Minister in the Central Cabinet to look after legal matters at the government level.

Accepted Answer

Both Statement I and Statement II are correct and Statement II is the correct explanation for Statement I.. Both statements are factually correct. The Attorney General is the chief law officer but is not a member of the cabinet. The existence of a separate Law Minister, who is a cabinet member and handles legal matters at the political/governmental level, explains why the Attorney General's role is distinct and separate from the cabinet.

Question 6

Consider the following statements regarding the qualifications for the office of Advocate General for a state:
1. He must be a person who is qualified to be appointed a judge of a high court.
2. He must have held a judicial office for ten years or been an advocate of a high court for ten years.
3. The Constitution of India allows for the appointment of an eminent jurist as an Advocate General, similar to a Supreme Court judge appointment.
How many of the above statements are correct?

Accepted Answer

Only two. Statements 1 and 2 are correct. The qualification for an Advocate General is the same as that for a High Court judge, which includes being a citizen of India and having held a judicial office for ten years OR been an advocate of a high court for ten years. Statement 3 is incorrect; the source text explicitly notes that unlike for the Supreme Court, the Constitution does not provide for the appointment of an eminent jurist as a judge of a high court, and therefore not as an Advocate General.

Question 7

Consider the following statements:
Statement I: The Advocate General of a state holds office during the pleasure of the governor and can be removed at any time.
Statement II: The Constitution of India prescribes a detailed procedure and specific grounds for the removal of the Advocate General.
Which one of the following is correct in respect of the above statements?

Accepted Answer

Statement I is correct but Statement II is incorrect. Statement I is correct. The Advocate General holds office during the pleasure of the governor. This means the governor can remove him at any time. Statement II is incorrect because the Constitution does not contain any specific procedure or grounds for the removal of the Advocate General.

Question 8

Consider the following pairs:
1. Article 165 : Advocate-General of the State
2. Article 177 : Powers, privileges and immunities of Advocate-General
3. Article 194 : Rights of Advocate-General as respects the Houses of State Legislature
How many of the above pairs are correctly matched?

Accepted Answer

Only one pair. Only the first pair is correctly matched. Article 165 deals with the Advocate-General of the State. Article 177 deals with the Rights of the Advocate-General as respects the Houses of State Legislature and its Committees. Article 194 deals with the Powers, privileges and immunities of the Advocate-General. Pairs 2 and 3 have their subject matters interchanged.

Question 9

With reference to the rights and privileges of the Advocate General of a state, consider the following statements:
1. He has the right to speak and take part in the proceedings of both Houses of the state legislature.
2. He has the right to vote in the proceedings of any committee of the state legislature of which he is a member.
3. He enjoys all the privileges and immunities that are available to a member of the state legislature.
Which of the statements given above is/are NOT correct?

Accepted Answer

2 only. Statement 2 is not correct. While the Advocate General has the right to speak and to take part in the proceedings of the state legislature and its committees, the Constitution explicitly states this is 'without a right to vote'. Statements 1 and 3 are correct descriptions of his rights and privileges.

Question 10

With reference to the office of the Advocate General of a State, consider the following statements:
1. Conventionally, he resigns when the council of ministers resigns as he is appointed on its advice.
2. The term of office of the Advocate General is fixed by the Constitution.
3. The remuneration of the Advocate General is determined by the state legislature through legislation.
Which of the statements given above is/are correct?

Accepted Answer

1 only. Statement 1 is correct as it reflects the convention that the Advocate General, being appointed on the advice of the council of ministers, resigns when the government changes. Statement 2 is incorrect; the Constitution does not fix the term of office. Statement 3 is incorrect; the remuneration of the Advocate General is not fixed by the Constitution and is determined by the governor, not the state legislature.

Question 11

Considering the distinction between Constitutional and Statutory bodies as highlighted in recent discussions, evaluate the following entities:
1. Advocate-General of the State
2. National Commission for Backward Classes
3. Central Vigilance Commission (CVC)
4. Goods and Services Tax Council

How many of the bodies listed above are Constitutional Bodies?

Accepted Answer

Only three. Constitutional bodies derive their existence directly from the Constitution. The Advocate-General of the State is established under Article 165. The National Commission for Backward Classes is established under Article 338B. The Goods and Services Tax Council is established under Article 279A. The Central Vigilance Commission (CVC), however, is a statutory body, established by the CVC Act of 2003. Therefore, three of the four bodies listed are constitutional.

Attorney General of India & Advocate General of the State

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