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
Full viewThis 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.
States that the Attorney‑General 'shall hold office during the pleasure of the President' — indicating the AG's tenure is at pleasure rather than fixed or explicitly tied to the Council of Ministers.
A student could combine this with the constitutional meaning of 'during pleasure' and examine whether a change of government automatically ends offices 'at pleasure' or requires resignation/removal procedures.
Notes the term of office of the AG is not fixed by the Constitution and the Constitution does not contain the procedure and grounds for his/her removal.
One could use this to test whether absence of removal procedure implies customary resignation on government change or leaves it to presidential pleasure/ political convention.
Describes the Advocate‑General of a State as appointed by the Governor and holding office 'during the pleasure of the Governor'—a direct parallel office at state level.
A student could compare central (AG) and state (Advocate‑General) practices: if Advocate‑Generals customarily offer resignation when state governments change, that analogy may suggest likely conventions for the AG.
Explains that although the Constitution does not lay down grounds for removal of governors, political practice has been to ask governors appointed by previous governments to resign when a new government takes office.
Using this historical practice as an example, a student might infer that constitutional silence often yields political convention (ask for resignations) and check if similar convention exists for the AG.
Contains an examination-style statement asserting (as a proposition) that 'According to the Constitution... the Attorney General of India submits his resignation when the Government which appointed him resigns'—showing the claim exists in study material as a debatable proposition.
A student could treat this as a prompt to verify the assertion against the constitutional text and conventions, not as proof, and seek authoritative practice or precedent.
- [THE VERDICT]: Sitter/Trap. Direct hit from Laxmikanth (Chapter: Attorney General).
- [THE CONCEPTUAL TRIGGER]: Constitutional Bodies vs. Non-Constitutional Law Officers and their Parliamentary Privileges (Article 88).
- [THE HORIZONTAL EXPANSION]: Memorize Article 76 (AG) vs. Article 165 (Advocate General); Article 88 (AG rights in Parliament) vs. Article 177 (Advocate General rights); Solicitor General is statutory/executive, not Constitutional; 'Pleasure of President' applies to AG, Governor, Ministers; AG has right of audience in all Indian courts.
- [THE STRATEGIC METACOGNITION]: When a statement says 'According to the Constitution,' switch to 'Lawyer Mode.' If the text doesn't explicitly say it (like resignation triggers), mark it wrong. Do not conflate 'what happens in practice' with 'what is written in law'.
Ministers and the Attorney-General have a legal right to speak and take part in proceedings of either House and in committees, though they cannot vote.
High-yield: clarifies that non-members (ministers, AG) may participate in parliamentary proceedings, linking constitutional provisions on privileges and parliamentary procedure. Useful for questions on executive-legislative interaction, rights of non-members, and parliamentary practice.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Rights of Ministers and Attorney General > p. 239
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Rights of Ministers and Attorney General > p. 239
The Attorney-General is a constitutional office (Article 76) with duties to advise the government and a right to speak in Parliament and audience in courts.
High-yield: covers appointment, qualifications, tenure and parliamentary privileges; important for questions on Union Executive, legal officers, and separation of powers. Helps in comparing constitutional versus non-constitutional law officers.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 5. The Attorney-General for India > p. 232
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 5. The Attorney-General for India > p. 233
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 53: Attorney General of India > Attorney General of India > p. 450
Solicitor General and Additional Solicitor Generals assist the Attorney-General but their offices are not created by the Constitution.
High-yield: distinguishes constitutional office (AG) from supporting law-offices, which affects their formal status and possible parliamentary privileges — useful for questions asking legal basis and status of officers.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 53: Attorney General of India > SOLICITOR GENERAL OF INDIA > p. 451
The Attorney General’s tenure is described as serving at the President’s pleasure, which governs continuance of office rather than automatic resignation on ministry change.
High-yield: many questions ask how tenure and removal of constitutional officers are determined; understanding 'pleasure of the President' clarifies whether offices are linked to ministerial fortunes. Connects to topics on appointment, removal and independence of law officers and helps answer MCQs and descriptive questions on tenure and executive powers.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 5. The Attorney-General for India > p. 233
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 53: Attorney General of India > APPOINTMENT AND TERM > p. 450
The Attorney-General is a constitutionally created legal officer who is not part of the Cabinet, so his position is institutionally distinct from ministerial offices that fall with the government.
Important for UPSC: distinguishes between political ministers and constitutional functionaries; useful in polity answers on ministerial responsibility, privileges, and the role of law officers. Enables comparisons between Crown/Westminster conventions and Indian constitutional design in essays and mains answers.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 53: Attorney General of India > SOLICITOR GENERAL OF INDIA > p. 451
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 5. The Attorney-General for India > p. 232
The Constitution neither prescribes a fixed term for the Attorney-General nor sets out specific removal procedure or grounds, indicating tenure is not automatically tied to the resignation of the appointing ministry.
Exam-relevant: helps answer questions on constitutional silence — when the Constitution is silent on tenure/removal, consequences follow from general principles (e.g., pleasure of President). Useful for questions on institutional design, vacancies and conventions governing high offices.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 53: Attorney General of India > APPOINTMENT AND TERM > p. 450
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 54: Advocate General of the State > APPOINTMENT AND TERM > p. 452
Remuneration of the AG vs. Judges. The Constitution fixes the salary of Supreme Court Judges (Second Schedule), but for the Attorney General, it is NOT fixed by the Constitution; it is determined by the President.
The 'Source Authority' Filter. For Statement 2, look at the phrase 'According to the Constitution.' Ask: 'Does the Constitution micromanage resignation letters?' No, it deals with high-level tenure ('Pleasure of President'). Therefore, specific resignation triggers are likely Conventions. Statement 2 is false.
GS-2 (Separation of Powers): The AG is the bridge between the Executive and the Judiciary. While they are an Executive appointee, they must act as an officer of the Court. This tension is a key Mains theme regarding the 'politicization of law officers' and the 'Rule of Law'.