Difficulty: Medium
Correct Answer: 3 only
Explanation:
Introduction / Context:
The Attorney General of India is the highest law officer of the country and serves as the chief legal advisor to the Government of India. Many constitutional questions in examinations test knowledge of the powers, functions and conditions of service of this important office. In this question, four statements are given about the Attorney General, and we are asked to identify which of them are not correct. To do this, we must recall the relevant provisions of the Constitution of India and related conventions about the Attorney General.
Given Data / Assumptions:
Concept / Approach:
The Attorney General is appointed by the President and must be qualified to be appointed as a judge of the Supreme Court. He is indeed regarded as the first law officer of the Government of India and is entitled to the privileges and immunities of a Member of Parliament when he speaks or takes part in proceedings of Parliament, although he is not a member. However, he is not a whole time counsel; he can engage in private legal practice, subject to certain restrictions. Therefore Statement 3 is incorrect, while Statements 1, 2 and 4 are essentially correct. The option that selects only Statement 3 as not correct is the right answer.
Step-by-Step Solution:
Step 1: Consider Statement 1. In constitutional and administrative practice, the Attorney General is described as the chief or first law officer of the Government of India. This statement is correct.
Step 2: Consider Statement 2. Although the Attorney General is not an elected Member of Parliament, he has the right to speak and take part in proceedings of both Houses and enjoys the same privileges and immunities as Members when doing so. Thus, the statement that he is entitled to the privileges of a Member of Parliament is substantially correct.
Step 3: Consider Statement 3. The Attorney General is not a whole time counsel of the Government. He may continue his private legal practice, except in matters where the Government is opposed or where there is a conflict of interest. Therefore this statement is incorrect.
Step 4: Consider Statement 4. Article 76 states that the person appointed as Attorney General should be qualified to be appointed as a judge of the Supreme Court, which is the same qualification requirement mentioned here. So Statement 4 is correct.
Step 5: Since only Statement 3 is not correct, the correct option is the one that selects “3 only”.
Verification / Alternative check:
To verify, one can refer to standard polity textbooks. They clearly mention that the Attorney General may practice privately and is not a full time government servant. They also confirm that he must have the same qualifications as a Supreme Court judge, such as having been a judge of some High Court for five years or an advocate of a High Court for ten years or being an eminent jurist. The books also routinely refer to him as the first law officer and discuss his privileges in Parliament, supporting Statements 1, 2 and 4 and rejecting Statement 3.
Why Other Options Are Wrong:
Option A (1, 2 and 3) is incorrect because Statements 1 and 2 are true, while only Statement 3 is false, so grouping them together is wrong.
Option B (2 and 4) is incorrect because both 2 and 4 are essentially correct statements about privileges and qualifications of the Attorney General.
Option D (1 only) is incorrect because Statement 1 is correct and therefore cannot be listed as not correct.
Common Pitfalls:
Students sometimes assume that because the Attorney General is a high constitutional authority, he must serve exclusively as a government employee and therefore mistakenly think that he is a whole time counsel. Others confuse the privileges of membership with membership itself, but the Constitution is clear that he is not a member but still enjoys parliamentary privileges while participating in proceedings. Carefully distinguishing between full time service and part time engagement, and between membership and privileges, helps avoid such errors.
Final Answer:
The only statement that is not correct is Statement 3. Hence the correct option is “3 only”, meaning that the Attorney General of India is not a whole time counsel of the Government.
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