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Attorney General of India

Status: Status:

• Highest legal officer of the Highest legal officer of the Union Govt.Union Govt. •

• Appointed by the President.Appointed by the President. •

• The person should be qualified to be The person should be qualified to be appointed a judge of the Supreme Court.appointed a judge of the Supreme Court. •

• He is entitled to audience in all courts of the country & can take part in He is entitled to audience in all courts of the country & can take part in thethe

proceedings of the Parliament & its committees. However, he is

proceedings of the Parliament & its committees. However, he is not given the right not given the right toto vote.

vote.

• He is also allowed to He is also allowed to take up private practice provided the other party is not take up private practice provided the other party is not the State.the State.

Because of this, he is not paid salary but a retainer to be determined by the President. Because of this, he is not paid salary but a retainer to be determined by the President.

• In England, the Attorney General is a member of the Cabinet, but in India he is not. In England, the Attorney General is a member of the Cabinet, but in India he is not. ItIt

is a political appointment and therefore, whenever there is a change in the party in is a political appointment and therefore, whenever there is a change in the party in power, the Attorney General resigns from his post to enable the

power, the Attorney General resigns from his post to enable the new Government tonew Government to appoint a nominee of his

appoint a nominee of his choice.choice.

• The Attorney General is assisted by two Solicitors-General and four AdditionalThe Attorney General is assisted by two Solicitors-General and four Additional

Solicitors - General. Solicitors - General.

• The Attorney General gets a retainer equivalent to the salary of a judge of theThe Attorney General gets a retainer equivalent to the salary of a judge of the

Supreme Court. Supreme Court.

• Gives advice on all such legal Gives advice on all such legal matters which may be referred or assigned to him matters which may be referred or assigned to him by theby the

President. President.

• Appears before the Supreme Court and various High Courts in cases involving theAppears before the Supreme Court and various High Courts in cases involving the

govt. of India. govt. of India.

Vice President

Vice President

1 1 EElleeccttiioonn •

• Elected by both the houses (Electoral College) in Elected by both the houses (Electoral College) in accordance with theaccordance with the

system of proportional representation by means of

system of proportional representation by means of single transferablesingle transferable vote and the vote being secret. Nominated members also participate in vote and the vote being secret. Nominated members also participate in his election.

his election.

• The Supreme Court has the final The Supreme Court has the final and exclusive jurisdiction for resolvingand exclusive jurisdiction for resolving

disputes and doubts relating to the election

disputes and doubts relating to the election of the Vice-President.of the Vice-President. 2

• More than 35 yrs of ageMore than 35 yrs of age

• Possess the qualification for membership of Rajya Sabha.Possess the qualification for membership of Rajya Sabha.

• Not hold any office of Not hold any office of profit under union, state or profit under union, state or local authority.local authority.

However, for this purpose, the President, Vice-President, Governor of a However, for this purpose, the President, Vice-President, Governor of a State and a Minister of the Union or a State, are not

State and a Minister of the Union or a State, are not held to be holdingheld to be holding an office of profit. an office of profit. 3 3 OOtthheerr Points Points •

• Holds office for 5 yrs. Can Holds office for 5 yrs. Can be re-elected.be re-elected.

• Term can be cut short if he resigns or by a resolution of the Raja SabhaTerm can be cut short if he resigns or by a resolution of the Raja Sabha

passed by a majority of all the then members of the Rajya Sabha and passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha.

agreed to by the Lok Sabha.

• He is the ex-officio chairman of Rajya Sabha. Since he is not a He is the ex-officio chairman of Rajya Sabha. Since he is not a membermember

of Rajya Sabha, he has no right to vote. of Rajya Sabha, he has no right to vote.

• Being the Vice President of India, he is not entitled for any salary, butBeing the Vice President of India, he is not entitled for any salary, but

he is entitled to the salary and allowances payable to the Chairman of  he is entitled to the salary and allowances payable to the Chairman of  the Rajya Sabha.

the Rajya Sabha.

• All bills, resolution, motion can be taken in Rajya Sabha after hisAll bills, resolution, motion can be taken in Rajya Sabha after his

consent. consent.

• Can discharge the function of President if the post falls vacant. (ForCan discharge the function of President if the post falls vacant. (For

maximum 6 months). maximum 6 months).

• When he discharges the functions of When he discharges the functions of the President, the Vice Presidentthe President, the Vice President

shall not perform the duties of the office of the Chairman of Rajya Sabha shall not perform the duties of the office of the Chairman of Rajya Sabha and shall not be entitled to receive the salary of the Chairman. During and shall not be entitled to receive the salary of the Chairman. During

this period, he is entitled

this period, he is entitled for the salary and privileges of the for the salary and privileges of the President of President of  India.

India.

• Present salary is Rs.40,000/- Present salary is Rs.40,000/- per month.per month.

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