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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2022, Q32

Contents17
UPSC Prelims GS2022Indian Polity
  1. A1 only
  2. B2 only
  3. CBoth 1 and 2
  4. DNeither 1 nor 2
Show answer

Answer: (D) Neither 1 nor 2

The answer is (D) Neither is correct.

Statement 1 is WRONG:

Only the Attorney General (AG) can participate in Parliament (Article 76).

The Solicitor General CANNOT.

Also, the AG can speak but cannot vote.

The statement wrongly includes the Solicitor General.

Statement 2 is WRONG:

The Constitution says the AG holds office "during the pleasure of the President."

It does NOT say he must resign when the government resigns.

The practice of the AG resigning with the government is a CONVENTION (tradition), not a constitutional requirement.

Key lesson:

Know the difference between what the Constitution says and what happens by convention.

Why this was asked

The Attorney General is the only law officer mentioned in the Constitution with specific parliamentary participation rights under Article 76.

UPSC is testing whether students confuse constitutional provisions with political conventions, since AG resignation with government change is practice, not constitutional requirement.

Attorney General of India

Indian Polity Attorney General of India

Attorney General of India: Constitutional Provisions & UPSC Traps

Must know

Article 76 establishes the office of Attorney General as India's chief law officer

AG can speak but cannot vote in Parliament proceedings

Holds office during the pleasure of the President - no fixed tenure

Resigning with government is convention, not constitutional requirement

Good to know

Must be qualified to be appointed as Supreme Court judge

Constitutional Framework

The Attorney General (AG) is India's highest law officer, established under Article 76 of the Constitution. Unlike many other constitutional posts, the AG's role bridges the executive and legislative branches with specific parliamentary privileges.

Key Constitutional Provisions

Aspect

Constitutional Provision

Key Details

Article

Article 76

Establishes the office and defines basic functions

Appointment

President appoints

On advice of Union Government

Tenure

During pleasure of President

No fixed term mentioned in Constitution

Qualifications

Same as SC Judge

Advocate of SC for 10+ years OR distinguished jurist

Parliamentary Rights

Can speak, cannot vote

In both Houses and joint sittings

Remuneration

As determined by President

Not fixed by Constitution

Core Functions & Powers

Chief legal advisor to Government of India on all legal matters

Represents Union Government in Supreme Court and High Courts

Right of audience in all courts throughout India

Can discharge functions of Solicitor General when that office is vacant

Performs other duties as assigned by the President

Question Analysis

This question tests the distinction between constitutional provisions and political conventions. Statement 1 incorrectly includes the Solicitor General, who has no parliamentary rights. Statement 2 confuses constitutional requirements with established practice.

Exam traps

Trap: Including Solicitor General - Only AG has parliamentary rights, not Solicitor General

Trap: Voting rights - AG can speak in Parliament but cannot vote

Trap: Resignation requirement - AG resigning with government is convention, not constitutional mandate

Trap: Tenure confusion - Constitution says 'pleasure of President', not 'with the government'

Solicitor General of India

Indian Polity Solicitor General of India

Solicitor General of India: Role & Distinctions from AG

Must know

Second-highest law officer after Attorney General

No parliamentary rights - cannot speak or vote in Parliament

Good to know

Assists Attorney General in legal matters and court representations

Not mentioned in Constitution - created by executive order

Constitutional Status

Unlike the Attorney General, the Solicitor General is not mentioned in the Constitution. This office was created by the Government of India to assist the AG in handling the increasing legal workload.

AG vs Solicitor General Comparison

Aspect

Attorney General

Solicitor General

Constitutional Status

Article 76 - Constitutional office

Not in Constitution - Executive creation

Parliamentary Rights

Can speak, cannot vote

No parliamentary rights

Hierarchy

Chief law officer

Second-highest law officer

Court Representation

Supreme Court & High Courts

Assists AG in court work

Appointment

President (on govt advice)

Government appointment

Right of Audience

All courts in India

As per government assignment

Additional Law Officers

Additional Solicitor Generals - Multiple officers to handle specialized legal work

Advocates General - Chief law officers for state governments (Article 165)

Government Advocates - Represent states in High Courts and subordinate courts

Standing Counsel - Regular legal representatives for government departments

Exam traps

Trap: Parliamentary participation - Only AG can participate, not Solicitor General

Trap: Constitutional status - Solicitor General is not a constitutional office

Trap: Equal status assumption - AG is clearly senior to Solicitor General in hierarchy

Constitutional vs Conventional Practices

Indian Polity

Constitutional Provisions vs Political Conventions: Critical UPSC Distinction

Must know

Constitutional provisions are legally binding, conventions are political traditions

Conventions can be broken without legal consequences, constitutional provisions cannot

Many executive practices are conventional, not constitutionally mandated

UPSC frequently tests this distinction in tricky statement-based questions

Fundamental Distinction

The Constitution contains legally enforceable provisions that must be followed. Conventions are established practices that have developed over time but are not legally binding. This distinction is crucial for UPSC as many questions test whether a practice is constitutionally required or merely conventional.

Constitutional vs Conventional Examples

Practice

Constitutional Provision

Convention

AG's Resignation

Holds office 'during pleasure of President'

Resigns when government changes

President's Role

Acts on aid and advice of Council of Ministers

Follows PM's advice in practice

Governor's Role

Appointed by President

Usually from outside the state

Coalition Government

No specific provision

Post-poll alliances accepted practice

Parliamentary Proceedings

Constitutional rules for sessions

Question Hour, Zero Hour by convention

How to Identify Constitutional vs Conventional

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**Read the Statement**
Look for words like 'Constitution says', 'according to Constitution'`"]
  s2["`**Check Article Reference**
If specific Article mentioned, it's likely constitutional`"]
  s3["`**Identify Practice Words**
Words like 'traditionally', 'usually', 'by practice' suggest convention`"]
  s4["`**Apply Logic Test**
Can this be legally enforced? If yes, constitutional. If no, conventional`"]
  s5["`**Cross-verify**
Does the Constitution explicitly mention this requirement?`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4
  s4 --> s5
Exam traps

Trap: 'According to Constitution' - Check if Constitution actually says this or it's just practice

Trap: Established practices - Long-standing practice ≠ constitutional requirement

Trap: 'Must' vs 'Usually' - Constitution uses 'shall', conventions are 'usually' done

Trap: Conflating sources - Distinguish between constitutional text and Supreme Court observations

Article 76 - Attorney General Provisions

Indian Polity Article 76

Article 76: Complete Constitutional Framework for Attorney General

Must know

Article 76 is the sole constitutional provision establishing Attorney General's office

Specifies appointment, tenure, duties, and parliamentary rights of AG

No mention of resignation requirement when government changes

Good to know

Part of Part V (The Union) - Chapter IV (Union Executive)

Constitutional Context

Article 76 appears in Part V of the Constitution dealing with the Union Executive. It is the comprehensive provision that creates and defines the Attorney General's office, making it distinct from other law officers who are not constitutionally established.

Article 76 Components

# Article 76
## Appointment
- President appoints
- Must be qualified as SC judge
- Takes oath before President
## Tenure & Removal
- During pleasure of President
- No fixed term
- Can resign anytime
## Duties
- Legal advice to Government
- Legal proceedings for Government
- Other duties as assigned
## Rights & Privileges
- Right to speak in Parliament
- Cannot vote
- Right of audience in all courts

What Article 76 Does NOT Say

No mention of Solicitor General - Only AG is constitutionally recognized

No automatic resignation clause - No requirement to resign with government

No fixed salary/allowances - Left to President's determination

No impeachment process - Removal is at President's pleasure

No voting rights in Parliament - Only right to speak

Exam traps

Trap: Solicitor General inclusion - Article 76 mentions only Attorney General

Trap: Mandatory resignation - Article 76 says 'during pleasure', not 'with government'

Trap: Parliamentary voting - Article 76 gives speaking rights only, not voting

Trap: Fixed tenure - No mention of specific term length in Article 76