UPPSC PCS - 2016

Who among the following holds his/ her office during pleasure of the president?

Year Asked: 2016

A
Comptroller and Auditor General of India
B
Chief Election Commissioner
C
Speaker of Lok Sabha
D
Attorney General of India

Correct Answer

D. Attorney General of India

Detailed Explanation

The Attorney General of India holds office during the pleasure of the President, as laid down in Article 76(4). He is the government's chief legal adviser and can be removed without any stated cause or procedure, which is exactly what 'pleasure' means. The post is not a constitutional office with a fixed term, so the government can change him at will.

  • Comptroller and Auditor General (A): Removable only like a Supreme Court judge, through the impeachment procedure under Article 148(1) read with Article 124(4) and (5). Tenure is six years or age 65, whichever is earlier.
  • Chief Election Commissioner (B): Under Article 324(5), removable in the same manner as a Supreme Court judge. This protection keeps the Election Commission independent of the executive.
  • Speaker of Lok Sabha (C): Holds office until the House dissolves or he resigns. He can be removed only by a resolution of the Lok Sabha itself, under Article 94. The President has no role in this.

Core concept: tenure and removal safeguards for constitutional functionaries. Mains angle: why bodies meant to check the executive need protection from executive removal, which is central to the debate on the independence of the Election Commission.

Trap: candidates pick the CAG or CEC because constitutional posts sound secure, but the President has no direct power to remove them. Only the Attorney General among these is removable at the President's pleasure.

This question appeared in UPPCS 2016 GS Paper 1.

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