UPSC Prelims 2022 Q17: Attorney General & Solicitor General — Explained
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?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: (d) Neither 1 nor 2
Statement-wise explanation
- 1: incorrect — Article 88 of the Constitution gives the right to speak in and take part in the proceedings of either House, a joint sitting, and any parliamentary committee of which they are named a member to two kinds of persons: every Minister and the Attorney-General of India. The Solicitor General is not mentioned in Article 88, so the office has no constitutional right to take part in Parliament. The statement fails twice: it wrongly includes the Solicitor General, and the word 'only' leaves out the Ministers, who are also officers of the Government.
- 2: incorrect — Article 76(4) says only that the Attorney-General 'shall hold office during the pleasure of the President'. The Constitution fixes no term and does not say how or when the Attorney-General resigns. Resigning when the government that appointed him leaves office is a convention, since the office is held on the government's advice. It is not a constitutional requirement, so the phrase 'According to the Constitution' makes the statement wrong.
How to eliminate
Statement 1 uses the word 'only', and you can test it with basic knowledge. Ministers are members of the Government and obviously take part in Parliament, so 'the only officers' is already doubtful. Also remember the core fact: Article 88 names Ministers and the Attorney-General, and nobody else. The Solicitor General is a statutory office, not a constitutional one, and has no such right. Statement 2 is a 'convention vs Constitution' trap. When a statement begins 'According to the Constitution', ask whether the text actually says it. Article 76 says only 'pleasure of the President'. It says nothing about term, removal procedure or resignation. Once you know both, you can reject both statements. Facts to remember: Article 88 (Ministers and the AG in Parliament, no vote) and Article 76(4) (pleasure of the President).
Know more
Attorney General of India (Article 76) is the highest law officer of the Union and the only law officer the Constitution creates. The Solicitor General and the Additional Solicitors General are not constitutional posts. Their terms are set by the Law Officers (Conditions of Service) Rules, 1987.
Key provisions
| Feature | Attorney General |
|---|---|
| Appointed by | President (Art. 76(1)) |
| Qualification | Must be qualified to be a Supreme Court judge |
| Term | Not fixed; holds office during the pleasure of the President (Art. 76(4)) |
| Removal | No procedure or grounds in the Constitution |
| Remuneration | Decided by the President |
| Right of audience | All courts in India (Art. 76(3)) |
| Parliament | May speak and take part in either House, a joint sitting and any committee he is named to, but cannot vote (Art. 88) |
| Privileges | Has the same parliamentary privileges as an MP (Art. 105(4)) |
| Member of Cabinet? | No. He is not a member of the government. |
Who can take part in Parliament without being a member?
- Ministers who are members of one House may speak in the other House (Art. 88), but they vote only in their own House.
- The Attorney-General may also take part (Art. 88), with no vote anywhere.
- The Solicitor General has no such right.
State parallel. The Advocate General (Art. 165) is appointed by the Governor and holds office at the Governor's pleasure. Under Art. 177, the Advocate General has the right to speak in the State Legislature, but no vote.
Convention vs Constitution. In practice the AG is appointed on the advice of the Union Council of Ministers and usually resigns when that government leaves office. This is convention only. UPSC often tests the difference between what the Constitution says and what happens in practice.
NCERT Concepts to Revise
- Attorney General of India: Both statements turn on the Attorney General's constitutional rights in Parliament and on how long the office is held.
- Solicitor General of India: Statement 1 puts the Solicitor General next to the Attorney General, so you need to know where this office comes from.
- Advocate General of a state: The Advocate General is the state-level counterpart, with a similar right to address the State Legislature; it is a useful comparison for this question.