The Attorney-General and the C.A.G. (Part-I)

Total Questions: 30

21. Which officer of the Government of India has the right to take part in the proceedings of Parliament of India even though he is not a member? [60th to 62nd B.P.S.C. (Pre) 2016]

Correct Answer: (e) None of the above/More than one of the above
Solution:The Attorney-General Can participate in the proceedings of any house of Parliament as a non-member. There is also a Vice-president in the given option and he is also not a member of Parliament, so here, the Vice-President can also be the answer. However, if the motion to remove the Vice-President from the post of chairman of Rajya Sabha is under consideration in the house, then the Vice-President does not remain the ex-officio chairman of Rajya Sabha at that time. During this time, he can be a part of the House and in this context, he can speak in the house. If, it is a matter of Participation in the proceedings of both Houses of the Parliament, then the Attorney-General will be there because the Vice-President Participates only in the Rajya Sabha.

22. Who among the following can participate in the proceedings of both the Houses of Parliament? [U.P.P.C.S. (Mains) 2005]

Correct Answer: (d) Attorney-General
Solution:The Attorney-General Can participate in the proceedings of any house of Parliament as a non-member. There is also a Vice-president in the given option and he is also not a member of Parliament, so here, the Vice-President can also be the answer. However, if the motion to remove the Vice-President from the post of chairman of Rajya Sabha is under consideration in the house, then the Vice-President does not remain the ex-officio chairman of Rajya Sabha at that time. During this time, he can be a part of the House and in this context, he can speak in the house. If, it is a matter of Participation in the proceedings of both Houses of the Parliament, then the Attorney-General will be there because the Vice-President Participates only in the Rajya Sabha.

23. As a Non-Member who can participate in the proceedings of either House of Parliament. [48th to 52nd B.P.S.C. (Pre) 2008]

Correct Answer: (e) Both a & c
Solution:The Attorney-General Can participate in the proceedings of any house of Parliament as a non-member. There is also a Vice-president in the given option and he is also not a member of Parliament, so here, the Vice-President can also be the answer. However, if the motion to remove the Vice-President from the post of chairman of Rajya Sabha is under consideration in the house, then the Vice-President does not remain the ex-officio chairman of Rajya Sabha at that time. During this time, he can be a part of the House and in this context, he can speak in the house. If, it is a matter of Participation in the proceedings of both Houses of the Parliament, then the Attorney-General will be there because the Vice-President Participates only in the Rajya Sabha.

24. Solicitor General of India is.......? [U.P.P.C.S. (Pre) 1991]

Correct Answer: (c) Legal Advisor
Solution:The Solicitor General of India is subordinate to the Attorney General of India. The Solicitor General of India is the second law officer of the country, assists the Attorney General, and is himself assisted by several Additional Solicitors General of India.

25. The Solicitor General of India is: [U.P.P.C.S. (Pre) 1994]

Correct Answer: (b) A Legal Adviser
Solution:The Solicitor General of India is subordinate to the Attorney General of India. The Solicitor General of India is the second law officer of the country, assists the Attorney General, and is himself assisted by several Additional Solicitors General of India.

26. Who advises the State Government on legal matters? [45th B.P.S.C. (Pre) 2001]

Correct Answer: (b) Advocate-General
Solution:It shall be the duty of the Advocate-General to advise the Government of the State on legal matters [Article 165(2)). The Governor of each State shall appoint a person, who is qualified to be appointed a Judge of a High Court, as the Advocate General for the State | Article 165(1)). The Advocate-General shall hold office during the pleasure of the Governor [Article 165 (3)). He is the first legal advisor to the State Government.

27. Who among the following is the legal adviser of a State Government? [U.P. Lower Sub. (Pre) 2015]

Correct Answer: (a) The Advocate-General
Solution:It shall be the duty of the Advocate-General to advise the Government of the State on legal matters [Article 165(2)). The Governor of each State shall appoint a person, who is qualified to be appointed a Judge of a High Court, as the Advocate General for the State | Article 165(1)). The Advocate-General shall hold office during the pleasure of the Governor [Article 165 (3)). He is the first legal advisor to the State Government.

28. The official legal advise to the state Governments is: [U.P.P.C.S. (Mains) 2014, R.A.S.\R.T.S. (Pre) 2003]

Correct Answer: (c) Advocate General
Solution:It shall be the duty of the Advocate-General to advise the Government of the State on legal matters [Article 165(2)). The Governor of each State shall appoint a person, who is qualified to be appointed a Judge of a High Court, as the Advocate General for the State | Article 165(1)). The Advocate-General shall hold office during the pleasure of the Governor [Article 165 (3)). He is the first legal advisor to the State Government.

29. Consider the following statement : [I.A.S. (Pre) 2009]

1. The Advocate General of a State in India is appointed by the President of India on the recommendation of the Governor of the Concerned State.

2. As provided in Civil Procedure Code, High Courts have original appellate and advisory jurisdiction at the State level.

Which of the statement (s) given above is\are correct?

Correct Answer: (c) Both 1 and 2
Solution:In India, an Advocate General is a legal advisor to a State Government. The post is created by the Constitution of India and corresponds to that of the Attorney General of India at the Union Government Level. The Advocate General of State in India is appointed by the Governor, Not by the President. Thus Statement 1 is incorrect. Article 177 empower him to Speak in and tale part in the proceeding of the Legislature of the State, but he has no right to vote in it. As Provided in the Civil Procedure Code, High Court do not have original, appellate and advisory jurisdiction at the State level. Under Article 143, the advisory jurisdiction belongs to the Supreme Court.

30. The Comptroller and Auditor General of India is appointed by- [U.P.U.D.A.\L.D.A. (Pre) 2001]

Correct Answer: (a) President
Solution:Article 148 (1) of the Constitution of India, says that there shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court. The Comptroller and Auditor General audits all receipts and expenditures of the Government of India and submits his report to the President. He also audits all receipts and expenditures of the State Governments and submits the report to the Governor of the State.