Question 46 from UPSC CSE 2022 - Polity & Governanc e

Question

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?

IASCODEX · Accepted Answer

Correct Option: D. Neither 1 nor 2

Strategy: Examine the constitutional basis for each statement:

*   **Statement 1:** Verify parliamentary privileges for the Attorney General and Solicitor General. Note that only the Attorney General is explicitly granted this constitutional right.
*   **Statement 2:** Confirm the Attorney General's tenure is at the President's pleasure. Identify that resignation upon government change is a convention, not a constitutional mandate.

Conclude that both statements are incorrect when cross-referenced with constitutional provisions.

Key Info: ## Attorney General of India
*   **Chief Legal Advisor:** Functions under Article 76 of the Constitution.
*   **Appointment & Qualification:** Appointed by the President; must be qualified to be a Supreme Court judge.
*   **Parliamentary Participation:** Enjoys the right to participate in proceedings of both Houses of Parliament and their committees, but cannot vote.
*   **Tenure:** Holds office during the pleasure of the President. The Constitution does not fix the term nor specify resignation protocols.
*   **Resignation:** Resignation upon change of government is a political convention, not a constitutional mandate.
*   **Privileges:** Conferred directly by the Constitution.

## Solicitor General & Additional Solicitor Generals
*   **Role:** Law officers assisting the Attorney General.
*   **Status:** Their position is statutory, not constitutional.
*   **Privileges:** Lack parliamentary privileges; these derive only from statutory law, not the Constitution.

## Other Parliamentary Participation
*   Other officers, such as Ministers who are not Members of Parliament, can also participate in parliamentary proceedings with the Speaker's or Chairman's permission under Article 88.

IASCODEX · Answer

Option A: 1 only

IASCODEX · Answer

Option B: 2 only

IASCODEX · Answer

Option C: Both 1 and 2