UPSC Prelims 2022 Q17: Indian Polity – Union & State Executive
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
Answer: (d) Neither 1 nor 2
Explanation
Attorney General and Solicitor General — Parliament and tenure
| Statement | Verdict | Reason |
|---|---|---|
| 1. AG and SG are the only officers allowed to take part in Parliament | Wrong | Only the Attorney General has this right under Article 88 — to speak in either House or a committee, without a vote. The Solicitor General has no such constitutional right |
| 2. Constitution says the AG resigns when the government resigns | Wrong | The Constitution says the AG holds office during the pleasure of the President (Article 76). Resigning with the government is only a convention |
Attorney General at a glance (Article 76):
| Feature | Detail |
|---|---|
| Qualification | Same as a Supreme Court judge |
| Appointed by | President |
| Role | Highest law officer; advises the Government of India |
| Rights | Audience in all Indian courts; can speak in Parliament (Art 88) |
| Not | A member of the Cabinet or of Parliament |
Answer: (d) Neither 1 nor 2.
Why each option is right or wrong
- (a) Incorrect. Statement 1 is false; only the Attorney General can take part in Parliament's proceedings.
- (b) Incorrect. Statement 2 is false; resigning with the government is a convention, not a constitutional rule.
- (c) Incorrect. Both statements are false.
- (d) CORRECT. Only the AG (not the SG) can speak in Parliament, and the Constitution has no resignation rule for the AG.
Key point
Art 76: AG holds office at the President's pleasure. Art 88: AG (not SG) may speak in Parliament without voting.
Remember
Only the Attorney General can speak in Parliament, and his resignation with the government is only a convention.
Common mistakes
- Assuming the Solicitor General has the same parliamentary rights as the AG; that right is the AG's alone.
- Treating the resignation convention as a constitutional provision.
- Thinking the AG can vote in Parliament; he can speak but not vote.
Exam tip
Solicitor General is not in the Constitution. Any statement giving the SG a constitutional power is false.
Sources
- Constitution of India — Articles 76 and 88
- M. Laxmikanth — Indian Polity (Attorney General of India)