When can the Attorney General of India be removed from office?a)By the...
The Attorney General of India can be removed from office by the President, who appoints them, at the pleasure of the President. Conventionally, the Attorney General resigns when the government (council of ministers) resigns or is replaced.
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When can the Attorney General of India be removed from office?a)By the...
The Attorney General of India is the highest law officer in the country and serves as the principal legal advisor to the government. The appointment and removal of the Attorney General of India are outlined in the Constitution of India.
According to Article 76(1) of the Constitution, the President of India appoints the Attorney General of India. The Attorney General holds office during the pleasure of the President, which means that the President can remove the Attorney General from office at any time.
However, the Constitution does not explicitly mention the process or authority for removing the Attorney General from office. The process for removal is implied by the nature of the appointment.
The Council of Ministers, under the leadership of the Prime Minister, advises the President on various matters, including the appointment and removal of the Attorney General. Therefore, the Council of Ministers is responsible for the removal of the Attorney General from office. This is in line with the principle of responsible government, where the executive branch is accountable to the legislature.
The Council of Ministers can recommend the removal of the Attorney General to the President if they believe that he/she is no longer fit to hold office. The President, upon receiving such a recommendation, can remove the Attorney General from office.
It is important to note that the Supreme Court and the Parliament do not have the power to remove the Attorney General from office. The Supreme Court is the highest judicial authority in the country and does not have the authority to remove a constitutional functionary like the Attorney General. Similarly, the Parliament, which consists of the President, Rajya Sabha, and Lok Sabha, does not have the power to directly remove the Attorney General.
In conclusion, the Attorney General of India can be removed from office by the Council of Ministers, who advise the President on such matters. The Supreme Court and the Parliament do not have the power to remove the Attorney General.