Question 5 of 15 · Constitutional & Statutory Bodies
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Who gives advice to the Government of India on legal matters?

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Answer: Option A — Attorney General of India

Detailed Solution

The Attorney General (AG) is the highest law officer of the country. The office is provided for in Article 76 of the Constitution, in Part V. The AG is appointed by the President and holds office during the pleasure of the President, which means the AG can be removed at any time. In practice, the AG resigns when the government changes, because the post is filled on the advice of the government.

To be appointed, a person must be qualified to be appointed a judge of the Supreme Court: 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 an eminent jurist in the President's opinion. The Constitution does not fix the term of office or the salary; the AG receives remuneration decided by the President.

Duties of the Attorney General:

  • To give advice to the Government of India on legal matters referred by the President.
  • To perform other legal duties assigned by the President.
  • To appear on behalf of the Government of India in all cases in the Supreme Court and in High Courts when required.
  • To represent the government in references made by the President to the Supreme Court under Article 143.

The AG has the right to speak in and take part in the proceedings of both Houses of Parliament and their committees, but has no right to vote (Article 88). The AG enjoys all the privileges of a Member of Parliament. The AG is not a full-time government servant and is not barred from private legal practice, but cannot advise or appear against the Government of India.

M.C. Setalvad was the first Attorney General of India (1950-63). The Advocate General is the corresponding officer in a state (Article 165).

Why not the other options?

  • ✗The Chief Justice of India heads the judiciary and does not advise the government.
  • ✗The Solicitor General assists the Attorney General; the post is not mentioned in the Constitution.
  • ✗The Law Commission recommends legal reforms but is not the government's legal adviser.

Quick tip

Remember: Attorney General = Article 76, highest law officer, can speak in Parliament but cannot vote (Article 88); first AG M.C. Setalvad; Advocate General of a state = Article 165.

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Constitutional & Statutory Bodies — Preparation

This question tests your understanding of Constitutional & Statutory Bodies, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers bodies set up under the Constitution, such as the Election Commission, UPSC, Finance Commission, Comptroller and Auditor General and the national commissions for Scheduled Castes and Scheduled Tribes, and statutory or executive bodies such as NITI Aayog, the NHRC, the CVC, the CBI and Lokpal. Questions often ask whether a body is constitutional or not, which article creates it, who appoints its head and for how long. For example, the CAG is appointed under Article 148, the Finance Commission under Article 280, and NITI Aayog replaced the Planning Commission in 2015 by an executive resolution. Practise the constitutional and statutory bodies questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.