Who appoints the Attorney General of India?

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  1. Prime Minister of India
  2. President of India
  3. Chief Justice of India
  4. Union Law Minister

Answer (Detailed Solution Below)

Option 2 : President of India
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Detailed Solution

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The correct answer is President of India.

Key Points

  • The Attorney General of India is appointed by the President of India, as per Article 76(1) of the Constitution of India.
  • The Attorney General is the highest law officer in the country and serves as the chief legal advisor to the Government of India.
  • The President appoints the Attorney General on the advice of the Union Council of Ministers, typically led by the Prime Minister.
  • The Attorney General must be a person qualified to be appointed as a Judge of the Supreme Court, i.e., they must have been a judge of a High Court for at least 5 years, an advocate of a High Court for 10 years, or an eminent jurist in the President's opinion.
  • The term of the Attorney General is not fixed by the Constitution, and they hold office during the pleasure of the President.

Additional Information

  • Role and Responsibilities of the Attorney General:
    • Advises the Government of India on legal matters and performs other legal duties assigned by the President.
    • Represents the Government in cases before the Supreme Court and High Courts when required.
    • Has the right to participate in parliamentary proceedings without voting rights.
  • Attorney General vs. Solicitor General:
    • The Solicitor General of India assists the Attorney General but is not a constitutional post.
    • Both roles involve representing the Government of India in legal matters, but the Attorney General holds the highest rank among law officers.
  • Limitations of the Attorney General:
    • Cannot advise private clients or defend private parties in legal matters.
    • Must not act against the interests of the Government of India.
  • Historical Context:
    • The position of Attorney General was established in 1950 with the adoption of the Constitution of India.
    • All appointments are guided by constitutional provisions to ensure legal uniformity and government accountability.
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