Question map
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?
Explanation
The correct answer is Option 4 (Neither 1 nor 2) because both statements are factually and constitutionally incorrect.
- Statement 1 is incorrect: Under Article 88 of the Constitution, only the Attorney General (AG) has the right to speak and participate in Parliamentary proceedings. The Solicitor General (SG) is a statutory post created to assist the AG; the SG does not possess any constitutional right to attend or participate in Parliament meetings. Furthermore, Union Ministers also participate in these meetings, making the word "only" in the statement inaccurate.
- Statement 2 is incorrect: The Constitution does not mandate the AG to resign when the Government falls. Article 76 states that the AG holds office during the pleasure of the President. While it is a well-established convention that the AG resigns when the Council of Ministers is dissolved, it is not a requirement "according to the Constitution of India."
Since neither statement holds true under constitutional provisions, Option 4 is the right choice.
PROVENANCE & STUDY PATTERN
Guest previewThis is a classic 'Laxmikanth-check' question. It tests your ability to distinguish between explicit Constitutional text and political conventions. It is completely solvable from standard static resources provided you pay attention to the phrase 'According to the Constitution' and the distinction between Constitutional vs. Statutory officers.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Are the Attorney General of India and the Solicitor General of India the only government officers legally permitted to participate in meetings of the Parliament of India?
- Statement 2: Does the Constitution of India require the Attorney General of India to submit his resignation when the central government that appointed him resigns?
The snippet quotes the exact claim as a contested statement in a test question, showing this is a known proposition to be evaluated.
A student could treat this as a hypothesis and look up constitutional or parliamentary rules (e.g., Article references or Rules of Procedure) to confirm or refute exclusivity.
States that besides the Attorney General there are other law officers (Solicitor General, Additional Solicitor General) who assist the AG, and that only the AG is a constitutional office.
A student could infer that some law officers are non-constitutional yet perform legal functions and then check parliamentary practice to see which of these have permission to participate in proceedings.
Specifies that every minister and the Attorney General have the right to speak and take part in proceedings of either House (without voting).
A student could generalize this rule to ask whether other categories (e.g., other law officers or state officials) are similarly granted speaking rights by constitution, statute, or parliamentary rules.
States the Attorney-General has the right to speak in the Houses of Parliament and committees, and has privileges of a member under Article 105(4).
A student could compare the constitutional provision for the AG with provisions (or lack thereof) for the Solicitor General or others to assess whether similar rights are granted.
Shows that at the state level, the Advocate-General 'shall have the right to speak and to take part in the proceedings' of the State Legislature, indicating that non-member legal officers can have speaking rights by constitutional provision.
A student could use this analogy to check whether parliamentary practice or law similarly confers speaking rights on other Union law officers (like the Solicitor General) or on officials beyond AG/SG.
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