Amongst the following, while performing duties who shall have the right of…
2021
Amongst the following, while performing duties who shall have the right of audience in all courts in the territory of India?
- A.
Comptroller and Auditor General of India
- B.
Speaker of the House of the People
- C.
Attorney-General of India
- D.
Prime Minister of India
Attempted by 3 students.
Show answer & explanation
Correct answer: C
Concept: The Constitution assigns each high constitutional functionary a distinct role and set of privileges. Among the Union's constitutional law officers, one specific provision grants a standing right to appear and be heard before every court in the country while carrying out official duties — this right is not a general feature of high constitutional office, but a privilege tied to a particular post.
Application: Article 76 of the Constitution establishes the office of the Attorney-General for India as the Union Government's chief law officer. Article 76(3) expressly provides that, in the performance of his duties, the Attorney-General shall have the right of audience in all courts in the territory of India.
Contrast: comparing each office against this specific constitutional privilege:
Comptroller and Auditor General of India — established under Article 148 to audit the accounts of the Union and the States; its function is financial audit and reporting, not appearing before courts.
Speaker of the House of the People — holds office under Article 93 to preside over Lok Sabha proceedings and rule on procedural matters; this office carries no court-audience privilege.
Attorney-General of India — the post created by Article 76, whose holder is expressly given the audience right under Article 76(3) while discharging official duties.
Prime Minister of India — heads the Union Council of Ministers under Article 75 to aid and advise the President in the exercise of executive functions; this executive role does not carry a judicial-audience privilege.
Cross-check: Article 76(3)'s plain text ties this specific audience right to the Attorney-General's office alone, consistent with the office's function as the government's advocate before the Supreme Court, High Courts, and other courts — no other constitutional office listed carries this privilege.