Previous Year Question
Consider the following statements:
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.
According to the Constitution of India, the Attorney-General of India submits his resignation when the Government which appointed him resigns.
Which of the statement(s) given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Correct Answer: D
Detailed Solution
Statement 1 is incorrect. Article 88 gives the Attorney-General of India the constitutional right to speak and participate in the proceedings of either House of Parliament, a joint sitting and any parliamentary committee of which he is named a member. He does not possess the right to vote.
The office of Solicitor General is not mentioned in the Constitution. Although the Solicitor General is a law officer of the Union Government, he does not possess the Attorney-General’s constitutional right under Article 88 to participate in parliamentary proceedings.
Moreover, Article 88 also permits every Union Minister to speak and participate in either House, a joint sitting and a relevant parliamentary committee. Therefore, describing the Attorney-General and Solicitor General as the “only officers” permitted to participate is incorrect.
Important provisions concerning the Attorney-General under Article 76 are:
The President appoints the Attorney-General.
The appointee must be qualified to be appointed a Judge of the Supreme Court.
The Attorney-General advises the Government of India on legal matters.
He performs legal duties assigned by the President.
He has the right of audience in all courts in India.
He holds office during the President’s pleasure.
His remuneration is determined by the President.
Statement 2 is incorrect. The Constitution does not require the Attorney-General to resign automatically when the Government that appointed him resigns.
The Constitution:
Does not prescribe a fixed tenure for the Attorney-General.
Does not prescribe the procedure or grounds for his resignation.
Merely provides that he holds office during the President’s pleasure.
Conventionally, the Attorney-General generally submits his resignation to the President when the Council of Ministers resigns or a new Government assumes office, because the appointment was made on the outgoing Government’s advice. This is a convention, not a constitutional requirement.