Prelims 2022

Q. Consider the following statements:

1. Attorney General of India and Solicitor General of India are the only officers of the Government who are allowed to participate in the meetings of the Parliament of India.
2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns.

Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Correct Answer: d) Neither 1 nor 2

Question from UPSC Prelims 2022 GS Paper

Explanation : 

Attorney General and Solicitor General’s Roles in Indian Parliament

The Attorney General of India is often mistaken to have the same parliamentary privileges as the Solicitor General of India. However, this is not the case. The Attorney General has the unique right to participate in the proceedings of the Parliament of India, as stated in Article 88 of the Indian Constitution. This includes the right to speak in both Houses of Parliament and any committee meetings, though without a right to vote. On the other hand, the Solicitor General, who assists the Attorney General, does not possess these rights.

Resignation of the Attorney General of India

Another common misconception is regarding the resignation of the Attorney General. According to Article 76 of the Indian Constitution, the Attorney General holds office at the pleasure of the President and is not constitutionally required to resign when the appointing government resigns or is replaced. While it is conventional for the Attorney General to resign in such circumstances, it is not mandated by the Constitution.

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