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Indian PolityMedium

Which statement about the Attorney General of India in Parliament is correct?

  1. A.He can speak and vote in both Houses
  2. B.He can speak in both Houses but cannot vote
  3. C.He can attend only the Rajya Sabha
  4. D.He has no right to enter either House

Correct answer

B. He can speak in both Houses but cannot vote

Explanation

The correct answer is B. Article 88 gives the Attorney General the right to speak in and otherwise take part in the proceedings of both Houses of Parliament, in any joint sitting and in any committee of which he is named a member, and Article 105 extends the privileges and immunities of a member to him. He cannot vote, because voting belongs only to members of the House. Option A is therefore wrong on the second half. Option C is wrong because his right covers both Houses and not the Rajya Sabha alone. Option D is wrong because the whole purpose of Article 88 is to let the government first law officer explain legal questions to the House. Note the parallel: a minister who is a member of one House may also speak in the other under Article 88, but may vote only in his own.

Read the full article: CAG and Attorney General: Articles 148 to 151 and 76

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Q1.Indian PolityAsked in: Uttar Pradesh · UPPSC Civil Service 2016 Official PaperMedium

Who among the following holds his or her office during the pleasure of the President?

  1. A.Comptroller and Auditor General of India
  2. B.Chief Election Commissioner
  3. C.Speaker of Lok Sabha
  4. D.Attorney General of India
Show answer

Correct answer: D. Attorney General of India

Explanation

The correct answer is D, the Attorney General of India. Article 76 says he is appointed by the President and holds office during the pleasure of the President, and the Constitution prescribes neither a fixed term nor any procedure for his removal. Option A is wrong because the Comptroller and Auditor General has a fixed term of six years or up to the age of sixty five and can be removed only in the same manner as a judge of the Supreme Court, which is the opposite of holding office at pleasure. Option B is wrong because the Chief Election Commissioner also enjoys that judge like protection and cannot be removed at the pleasure of the President. Option C is wrong because the Speaker is elected by the Lok Sabha from among its members and vacates office only on ceasing to be a member, on resignation or on a resolution of the House passed by a majority of all its members.

Q2.Indian PolityAsked in: Delhi · 2 Dec 2020, Shift 2Medium

What is the required qualification to be appointed as Attorney General of India?

  1. A.Member of Legislative Assembly
  2. B.President of the Council of States
  3. C.High Court Judge
  4. D.Supreme Court Judge
Show answer

Correct answer: D. Supreme Court Judge

Explanation

The correct answer is D. Article 76 requires the Attorney General to be a person qualified to be appointed a judge of the Supreme Court, which is why the paper puts the answer as Supreme Court Judge. That qualification means a citizen of India who has been a judge of a High Court for five years, or an advocate of a High Court for ten years, or a distinguished jurist in the opinion of the President; he need not actually have sat as a judge. Option C is wrong because being a High Court judge is only one of the ways of satisfying the Supreme Court qualification and is not itself the requirement. Option A is wrong because membership of a legislature has nothing to do with the office, which is a legal and not a political appointment. Option B is wrong because the President of the Council of States is the Vice President of India, an entirely different constitutional office.

Q3.Indian PolityAsked in: Delhi · 15 Oct 2018, Shift 3Easy

The office of the Comptroller and Auditor General in the Indian Constitution has been borrowed from which country?

  1. A.Britain
  2. B.Ireland
  3. C.Canada
  4. D.Australia
Show answer

Correct answer: A. Britain

Explanation

The correct answer is A, Britain. The framers took the office of the Comptroller and Auditor General, along with parliamentary government, the rule of law, single citizenship and the writs, from the British Constitution, where an officer of the same name audits public spending for Parliament. Option B is wrong because from Ireland India borrowed the Directive Principles of State Policy, the nomination of members to the Rajya Sabha and the method of electing the President. Option C is wrong because Canada gave India the federation with a strong Centre, residuary powers with the Union, appointment of Governors by the Centre and the advisory jurisdiction of the Supreme Court. Option D is wrong because Australia gave the Concurrent List, freedom of trade and commerce and the joint sitting of the two Houses. Keep these four borrowed lists apart, as papers mix them freely.

Q4.Indian PolityAsked in: Delhi · 11 Nov 2019, Shift 3Easy

The reports of the CAG of India relating to the accounts of a state shall be submitted to the ______.

  1. A.Governor of the state
  2. B.Chief Minister of the state
  3. C.Finance Minister of the state
  4. D.Chief Economic Advisor of the state
Show answer

Correct answer: A. Governor of the state

Explanation

The correct answer is A, the Governor of the state. Article 151(2) says the reports of the Comptroller and Auditor General relating to the accounts of a state shall be submitted to the Governor, who shall cause them to be laid before the legislature of the state. The parallel rule in Article 151(1) sends the reports on the accounts of the Union to the President, who lays them before each House of Parliament. Option B is wrong because the Chief Minister heads the very government whose spending is being audited, so sending the report to him would defeat the purpose of an independent audit. Option C is wrong for the same reason, since the Finance Minister is part of that government. Option D is wrong because the Chief Economic Advisor is an official adviser with no role in audit at all. The rule to memorise is President for the Union and Governor for a state.

Q5.Indian PolityEasy

Which article of the Constitution provides for the office of the Comptroller and Auditor General of India?

  1. A.Article 143
  2. B.Article 148
  3. C.Article 165
  4. D.Article 280
Show answer

Correct answer: B. Article 148

Explanation

The correct answer is B, Article 148. It provides that there shall be a Comptroller and Auditor General of India appointed by the President by warrant under his hand and seal, and goes on to deal with the oath, the removal, the salary and the bar on further office. Article 149 then lets Parliament prescribe his duties and powers, Article 150 deals with the form of accounts and Article 151 with his reports. Option A is wrong because Article 143 is the power of the President to consult the Supreme Court on a question of law or fact. Option C is wrong because Article 165 provides for the Advocate General of a state, the law officer who is the state counterpart of the Attorney General. Option D is wrong because Article 280 provides for the Finance Commission, which recommends the sharing of taxes between the Union and the states.