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

Explanation:

Statement 1 is incorrect:

  • The Attorney General of India has the right to speak and take part in the proceedings of both Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to vote.
  • The Solicitor General of India does not have the privilege to participate in the meetings of Parliament.

Statement 2 is incorrect:

  • The Attorney General of India holds office during the pleasure of the President.
  • There is no specific provision in the Constitution of India that mandates the Attorney General to submit his resignation when the Government which appointed him resigns.
  • However, it has become a tradition that the Attorney General resigns when a new government is formed.

Learn more

  • The Attorney General of India is appointed by the President of India under Article 76(1) of the Constitution and holds office during the pleasure of the President.
  • The Attorney General must be a person qualified to be appointed as a Judge of the Supreme Court.
  • The Attorney General is the highest law officer in the country and is responsible for assisting the government in all its legal matters.
  • The Attorney General has the right of audience in all courts in the territory of India.
  • The Attorney General enjoys all the privileges and immunities that are available to a member of Parliament.
  • The Solicitor General of India is subordinate to the Attorney General for India and is the second-highest law officer of the country.
  • The Solicitor General assists the Attorney General in fulfilling his official duties and responsibilities.
  • The Solicitor General’s appointment is recommended by the Appointments Committee of the Cabinet (ACC) and officially appointed by the President.
  • The Solicitor General’s duties are laid out in the Law Officers (Conditions of Service) Rules, 1987.

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