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Which one of the following statements about the Attorney-General of India is NOT correct?
He shall have the right to speak in the Houses of Parliament
He shall have a right of audience in all Courts in the territory of India in the performance of his official duties
He must have the same qualifications as are required to be a Judge of the Supreme Court
He is a whole-time counsel for the government.
According to Article 76 of the Indian Constitution, the Attorney General of India has the power of the highest law officer of the country. He is appointed by the President of India assuming he has the following three qualifications –
a) He is an Indian citizen. b) He must have either completed 5 years in the high court of any Indian state as a judge or ten years in the high court as an advocate. c) He must be an eminent jurist. There is no specified duration of tenure, and there is any procedure mentioned in the Constitution for his removal. However, he can be removed by the President at any time. He can also quit by submitting his resignation only to the President. Since he is appointed by the President on the advice of the Council of Ministers, he will be removed automatically when the Council is dissolved or replaced.
His powers are explained below: 1) He shall have the right to speak in the Houses of Parliament 2) He shall have a right of audience in all Courts in the territory of India in the performance of his official duties 3) He must have the same qualifications as are required to be a Judge of the Supreme Court. 4) In any legal case related to the Government of India, he has to appear in the Supreme Court on its behalf. 5) He enjoys all the powers related to the amenities and privileges as a member of the Parliament
The limitations to his power are given below: a) He should not advise or hold a brief against the Government of India or in cases in which he is called to advise or appear on behalf of the Government of India. b) He should not defend the accused person in criminal prosecution without the permission of the Government of India. c) He has no voting power in the Indian Parliament.
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