Q. 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? (UPSC Prelims 2022)
Answer: Neither 1 nor 2
Notes: The correct answer is [D] Neither 1 nor 2. This question tests the constitutional position and parliamentary privileges of the Law Officers of India.

• Statement 1 (Incorrect): Under Article 88 of the Constitution, the Attorney General (AG) has the right to speak and take part in the proceedings of either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member. however, the Solicitor General of India and the Additional Solicitors General are statutory posts created by the Salaries and Allowances Act, not constitutional ones. They have no right to participate in the proceedings of Parliament. Furthermore, Union Ministers (even if not members of a particular House) also have the right to participate in proceedings under the same Article.
• Statement 2 (Incorrect): The Constitution does not contain any specific provision stating that the AG must resign when the Government (Council of Ministers) resigns. Article 76 simply states that the AG holds office during the pleasure of the President. By convention, however, the AG usually resigns when the Government is replaced, as they are appointed on the advice of the Council of Ministers, but this is a matter of convention, not a constitutional mandate.

The Attorney General is the highest law officer in the country and is the only non-member of Parliament who can participate in its proceedings, though he does not have the right to vote.