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?
Correct Answer :
Neither 1 nor 2
Solution :
The correct option is Neither 1 nor 2.
Analysis of Statement 1:
According to Article 88 of the Constitution of India, every Minister and the Attorney General of India have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which they may be named a member. However, they do not have the right to vote in these proceedings.
The Solicitor General of India is a statutory post that assists the Attorney General, but the Constitution does not grant the Solicitor General the right to participate in the proceedings of Parliament. Therefore, Statement 1 is incorrect.
Analysis of Statement 2:
Article 76 of the Constitution of India governs the office of the Attorney General. Article 76(4) states that the Attorney General holds office during the pleasure of the President.
There is no provision in the Constitution of India requiring the Attorney General to resign when the Council of Ministers (Government) resigns. Although by convention, the Attorney General usually submits their resignation when the government changes (since they are appointed by the President on the advice of the Council of Ministers), this is a matter of convention and is not mandated by the Constitution. Therefore, Statement 2 is incorrect.
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