The Attorney General and the C.A.G. Archives

11. The Comptroller and Auditor-General of India can be removed from offic

The Comptroller and Auditor-General of India can be removed from office only by :

Join Our Telegram Channel

President on the advice of the Union Cabinet.

Chief Justice of the Supreme Court.

President of India after an address in both Houses of Parliament.

President on the advice of Chief Justice of India.

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CAPF – 2015

Download PDF Attempt Online

The correct option is C.

Article 148(1) of the Constitution states that the Comptroller and Auditor-General of India (CAG) “shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.” The removal process for a Supreme Court Judge is laid down in Article 124(4). This requires an address by both Houses of Parliament, supported by a special majority (a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting), presented to the President in the same session for proved misbehaviour or incapacity. The President then issues the order for removal.
Therefore, the CAG can be removed by the President only after such a joint address by both Houses of Parliament.

The method of removal of the CAG is designed to ensure the independence of the office from the executive. It is a difficult process, requiring broad political consensus across both houses of the legislature, similar to the impeachment process for a judge. Options A, B, and D describe incorrect procedures; removal is not solely on the advice of the Cabinet or Chief Justice, nor can the Chief Justice remove the CAG directly.

12. Consider the following statements regarding the Attorney General of In

Consider the following statements regarding the Attorney General of India:

Join Our Telegram Channel

1. He is appointed by the President.
2. He must have the same qualifications as are required for a Judge of the Supreme Court.
3. He has the right to speak in the Houses of Parliament and also to vote.

Which of the statements given above is/are correct?

1 and 2 only

1 and 3 only

2 and 3 only

1, 2 and 3

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CAPF – 2010

Download PDF Attempt Online

Statements 1 and 2 are correct, while statement 3 is incorrect.

The Attorney General is a key functionary appointed by the President with specific qualifications, enjoying rights in Parliament but not the right to vote.

1. Statement 1 is correct. Article 76(1) of the Constitution states that the President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney General for India.
2. Statement 2 is correct. Article 76(1) specifies that the person appointed as AG must have the same qualifications as are required for a Judge of the Supreme Court.
3. Statement 3 is incorrect. Article 88 of the Constitution grants the Attorney General the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member. However, the same article explicitly states he “shall not by virtue of this article be entitled to vote”.

13. Consider the following statements regarding the powers of the Comptrol

Consider the following statements regarding the powers of the Comptroller and Auditor-General of India:

1. He has the power to audit all expenditures from the Consolidated Fund of India and the Consolidated Fund of each State and Union Territory having a Legislative Assembly.
2. He has the power to audit all expenditures from the Contingency Fund of India and the Public Account of India.
3. He has the power to audit all expenditures from the Contingency Fund of each State and the Public Account of each State.
4. He has the power to request any accounts, papers, and records relating to expenditures.

Which of the statements given above are correct?

1, 2 and 3 only

1, 3 and 4 only

2, 3 and 4 only

1, 2, 3 and 4

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CAPF – 2010

Download PDF Attempt Online

Statement 1 is correct as the CAG audits the Consolidated Fund of India, States, and Union Territories with Legislative Assemblies. Statements 2 and 3 are correct as the CAG also audits expenditures from the Contingency Fund and Public Account of both the Union and the States. Statement 4 is correct as the CAG has the necessary powers under the CAG’s (Duties, Powers and Conditions of Service) Act, 1971, to demand access to all relevant accounts, papers, and records to carry out audits.

The Comptroller and Auditor-General of India’s (CAG) powers extend to auditing all expenditures from the main public funds of the Union and States, including the Consolidated Fund, Contingency Fund, and Public Account. The CAG also has the power to inspect relevant documents.

The CAG is appointed under Article 148 of the Constitution of India. Article 149 gives Parliament the power to prescribe the duties and powers of the CAG, which led to the enactment of the CAG Act, 1971. The CAG audits not only government expenditures but also the accounts of government companies and corporations as specified by law.

Join Our Telegram Channel

14. Which of the following statements are correct ? The attorney general o

Which of the following statements are correct ? The attorney general of India

Join Our Telegram Channel

must have the qualifications as that required by a judge of the supreme court.
enjoys the same privileges and immunities as the members of Parliament.
has the right of audience in all courts of India.
his salaries and expenses are charged on the Consolidated Fund of India.

Select the correct answer using the code given below :

1, 2 and 3

1 and 2 only

3 and 4

2 and 4

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CAPF – 2009

Download PDF Attempt Online

The correct option is A (1, 2 and 3).

– Statement 1 is correct: Article 76(1) of the Constitution states that the person appointed as Attorney General for India must be a person who is qualified to be appointed a Judge of the Supreme Court.
– Statement 2 is correct: Article 105 of the Constitution deals with the powers, privileges, etc., of the Houses of Parliament and their members and committees. Article 88 and Article 102(4) read together extend certain rights and privileges of MPs to the Attorney General, including the right to speak in Parliament and immunity from legal proceedings in respect of anything said or any vote given there. While the extent of “same privileges and immunities” as a member of Parliament is debated, common interpretations and legal texts suggest they enjoy essential parliamentary privileges.
– Statement 3 is correct: Article 76(3) states that the Attorney General shall have the right of audience in all courts in the territory of India.
– Statement 4 is incorrect: The salary and allowances of the Attorney General are determined by the President (Article 76(4)). While these are paid out of the Consolidated Fund of India, they are *not charged* upon the Consolidated Fund, meaning they are subject to vote by Parliament. Expenses charged on the Consolidated Fund are generally non-votable.

The Attorney General is the chief legal advisor to the Government of India. They are appointed by the President and hold office during the pleasure of the President. They are not a member of the Union Cabinet.

15. Consider the following statements: 1. The duties of the Attorney Gen

Consider the following statements:

1. The duties of the Attorney General of India are to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred to or assigned to him by the President of India
2. The Solicitor General of India is the secondary Law Officer of the country, who assists the Attorney General, and is himself assisted by several Additional Solicitor Generals of India

Which of the statements given above is/are correct ?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC NDA-2 – 2024

Download PDF Attempt Online

Both 1 and 2 are correct.

Statement 1 is correct. Article 76 of the Constitution of India defines the duties of the Attorney General, which include giving advice to the Government of India on legal matters referred by the President and performing other legal duties assigned by the President. Statement 2 is also correct as it accurately describes the functional hierarchy and roles within the Law Officers of the Union Government. The Solicitor General is the second-highest law officer and assists the Attorney General, and they are assisted by Additional Solicitor Generals. While the posts of SG and Addl. SG are statutory/executive, their description of function is accurate.

The Attorney General is the highest law officer of the country and is appointed by the President. The Solicitor General and Additional Solicitor Generals are appointed by the government to assist the Attorney General in their duties. The Attorney General is the only one of these posts created by the Constitution itself (Article 76).

Join Our Telegram Channel

16. Consider the following statements about Attorney-General in India :

Consider the following statements about Attorney-General in India :

1. She/he is the first law officer of the Government of India
2. She/he has a right to speak in any House of Parliament without any right to vote
3. She/he is appointed by the President of India
4. She/he is a whole-time counsel for the Government in the court of law

How many of the statements given above is/are correct ?

Join Our Telegram Channel

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC NDA-2 – 2023

Download PDF Attempt Online

The correct answer is C, meaning three of the given statements are correct.

Statement 1 is correct. The Attorney-General (AG) is the highest law officer of the Government of India (Article 76).
Statement 2 is correct. Under Article 88, the AG has the right to speak in, and otherwise take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but does not have a right to vote.
Statement 3 is correct. The Attorney-General is appointed by the President of India (Article 76(1)).
Statement 4 is incorrect. The Attorney-General is not a whole-time counsel for the Government. He or she is not a member of the Union Cabinet and can engage in private legal practice, provided it does not conflict with their duties to the Government.

The AG holds office during the pleasure of the President. To be appointed as AG, a person must be qualified to be appointed as a Judge of the Supreme Court. The AG advises the Government of India on legal matters and performs other legal duties assigned by the President.

17. Which one of the following statements about the Attorney General of In

Which one of the following statements about the Attorney General of India is not correct ?

He has the right of audience only in the Supreme Court of India.

He shall receive such remuneration as the President may determine.

He shall be qualified to be appointed as a Judge of the Supreme Court.

He shall give advice to the Government of India on all legal matters.

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC NDA-2 – 2021

Download PDF Attempt Online

Article 76 of the Constitution of India deals with the Attorney General for India.
Option A states “He has the right of audience only in the Supreme Court of India”. Article 76(3) explicitly states that the Attorney General shall have the right of audience in *all* courts in the territory of India. Thus, this statement is incorrect.
Option B states “He shall receive such remuneration as the President may determine”. Article 76(4) states this, which is correct.
Option C states “He shall be qualified to be appointed as a Judge of the Supreme Court”. Article 76(1) states this requirement, which is correct.
Option D states “He shall give advice to the Government of India on all legal matters”. Article 76(2) outlines his duty to give advice to the Government of India upon such legal matters as may be referred to him by the President, which is correct.
The question asks for the incorrect statement.

– The Attorney General is the highest law officer in India.
– He has the right of audience in all courts within India’s territory.
– He must be qualified to be a Supreme Court Judge.
– He advises the Government of India on legal matters.
– His remuneration is determined by the President.

The Attorney General is appointed by the President and holds office during the pleasure of the President. His duties also include performing other legal duties of a character assigned to him by the President and discharging the functions conferred on him by or under the Constitution or any other law.

Join Our Telegram Channel

18. Who among the following can attend the meetings of both Houses of Parl

Who among the following can attend the meetings of both Houses of Parliament while not being a member of either House ?

Join Our Telegram Channel

The Solicitor General of India

The Vice-President of India

The Comptroller and Auditor General of India

The Attorney General of India

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC NDA-2 – 2017

Download PDF Attempt Online

Certain high-ranking officials have special rights regarding participation in parliamentary proceedings even if they are not Members of Parliament.

Article 88 of the Constitution of India grants the Attorney General of India the right to speak in, and otherwise take part in the proceedings of, either House of Parliament, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member. However, the Attorney General does not have the right to vote.

The Solicitor General is subordinate to the Attorney General and does not have this specific right under Article 88. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha and presides over its meetings, but they are not a member of either House; they participate in the Rajya Sabha’s proceedings in their capacity as Chairman. The Comptroller and Auditor General reports to the President and audits government accounts but does not attend parliamentary meetings in this capacity.

19. Which one of the following statements with regard to the Comptroller a

Which one of the following statements with regard to the Comptroller and Auditor General (CAG) of India is NOT correct ?

He is appointed by the President of India

He can be removed from office in the same way as the judge of the Supreme Court of India

The CAG is eligible for further office under the Government of India after he has ceased to hold his office

The salary of the CAG is charged upon the Consolidated Fund of India

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC NDA-1 – 2018

Download PDF Attempt Online

Statement C, “The CAG is eligible for further office under the Government of India after he has ceased to hold his office,” is NOT correct. Article 148(4) of the Constitution states that the Comptroller and Auditor General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office. This provision is designed to ensure the independence of the CAG’s office.

The CAG is the head of the Indian Audit and Accounts Department and is the chief guardian of public purse. His duty is to audit all receipts and expenditure of the Union and State governments and report on them.

The CAG is appointed by the President by warrant under his hand and seal and holds office for a term of six years or until he attains the age of 65 years, whichever is earlier. He can be removed by the President only in accordance with the procedure laid down for the removal of a Judge of the Supreme Court, which requires a special majority of both Houses of Parliament on grounds of proved misbehaviour or incapacity. The conditions of service and salary of the CAG are determined by Parliament by law and are charged upon the Consolidated Fund of India, ensuring that they are not subject to annual parliamentary vote.

Join Our Telegram Channel

20. Which of the following statements relating to the Comptroller and Audi

Which of the following statements relating to the Comptroller and Auditor General (CAG) of India is/are correct?

Join Our Telegram Channel

1. The CAG can attend the sittings of the Committee on Public Accounts.
2. The CAG can attend the sittings of Lok Sabha and Rajya Sabha.
3. The jurisdiction of CAG is co-extensive with powers of the Union Government.

Select the correct answer using the code given below :

1 only

2 and 3 only

1 and 2 only

1, 2 and 3

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC NDA-1 – 2016

Download PDF Attempt Online

Statement 1 is correct; the Comptroller and Auditor General (CAG) of India attends the sittings of the Committee on Public Accounts as its guide. Statements 2 and 3 are incorrect. The CAG does not attend sittings of Lok Sabha or Rajya Sabha, and their jurisdiction extends beyond just the Union Government.

– The CAG is the auditor of the accounts of the Union and State governments and various public authorities.
– The CAG submits audit reports to the President (for Union accounts) or Governor (for State accounts), which are then laid before the respective legislatures.
– The Public Accounts Committee (PAC) examines these reports, and the CAG assists the PAC in this process. This makes the CAG’s presence in PAC sittings essential.
– The CAG does not participate in parliamentary debates or attend sittings of the Houses of Parliament.
– The CAG’s jurisdiction covers the financial audits of both the Union and State governments and bodies funded by them, making it co-extensive with the financial powers of both levels of government, not just the Union.

Article 148 of the Constitution provides for an independent office of the CAG. The CAG is appointed by the President and can only be removed from office by the President on grounds and in a manner similar to a judge of the Supreme Court.