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Consider the following statements :  a. M. C. Setalvad was the first Attorney General of India. b. Attorney General has the right of audience in all courts in the territory of India. c. Attorney General has the right to speak, vote and to take part in the proceedings of both the Houses of the Parliament. Which of the above statements is/are incorrect?

Consider the following statements :  a. M. C. Setalvad was the first Attorney General of India. b. Attorney General has the right of audience in all courts in the territory of India. c. Attorney General has the right to speak, vote and to take part in the proceedings of both the Houses of the Parliament. Which of the above statements is/are incorrect? Correct Answer Only c

The correct answer is Only c.

Key Points

  • M. C. Setalvad was the first Attorney General of India.  Statement a is correct.
  • Motilal Chimanlal Setalvad (c. 1884 – 1974) was an eminent Indian jurist, who became the first and longest-serving Attorney General for India (1950–1963).
  • Attorney General has the right of audience in all courts in the territory of India. Statement b is correct.
  • Attorney General of India has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, Without voting. Hence, Statement c is incorrect.
  •  

Additional Information

  • Attorney General of India:
    • The Attorney General for India is the central government’s chief legal advisor.
    • He is the primary lawyer of the Central Government in the Supreme Court of India.
    • He is a part of the Union Executive. 
    • He is appointed by the President of India under Article 76(1) of the Constitution. 
    • He holds office during the pleasure of the President.
    • Eligibility
      • He must be an Indian Citizen
      • He must be a person qualified to be appointed as a Judge of the Supreme Court. Hence, Statement 1 is incorrect.
      • He must have either completed 5 years in the Court of any Indian state as a judge or 10 years in High Court as an advocate.
      • He may be an eminent jurist too, in the eye of the President.
    • He enjoys all the privileges and immunities that are available to the Member of Parliament. Hence, Statement 2 is incorrect.
    • Powers and Functions:
      • Advising the Government of India in legal matters.
      • He also performs other legal duties assigned to him by the President.
      • He has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, Without voting. Hence, Statement 3 is incorrect.
      • He appears on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.
      • The Attorney General is assisted by two Solicitor General and four Additional Solicitor Generals.
    • Cornelia Sorabji was the first woman Attorney General of India.

Related Questions

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1. The Attorney-General for India shall give advice to the Government of India upon legal matters.
2. The Attorney-General for India shall have a right to audience in all Courts in India.
3. The Attorney-General for India shall have the right to speak in the proceedings of either House.
4. The Attorney-General for India shall not be liable to any proceedings in any court in respect of anything said by him in Parliament or any committee thereof.
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