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?

  • 1 only
  • 2 only
  • Both 1 and 2
  • Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Attorney General of India
  • According to Article 76(1), the President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.
  • The Attorney General has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member but without a right to vote. 
  • He enjoys all the privileges and immunities that are available to a member of Parliament. 
  • According to Article 76(4), the Attorney-General shall hold office during the pleasure of the President and shall receive such remuneration as the President may determine. Hence, Attorney General can be removed by the president at any time.
  • Since he is appointed by the president on the advice of the council of ministers, conventionally he resigns when the council is dissolved. But it is not mandatory.
    • There is no mention in the Indian Constitution of the need for him to submit his resignation when the Government which appointed him resigns.

Limitations on the Attorney General:

  • Following limitations are placed on the Attorney General in order to avoid any complication and conflict of duty–
    • He should not advise or hold a brief against the Government of India.
    • He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India.
    • He should not defend accused persons in criminal prosecutions without the permission of the Government of India.
    • He should not accept an appointment as a director in any company or corporation without the permission of the Government of India.
    • He should not advise any ministry or department of the Government of India or any statutory organization or any public sector undertaking unless the proposal or a reference in this regard is received through the Ministry of Law and Justice, Department of Legal Affairs.
​Solicitor General of India
  • The Solicitor General of India is the second-highest legal officer in the country, serving under the Attorney General, who holds the highest position.
  • Apart from the Attorney General, the Indian Government has other legal officers, including the Solicitor General and Additional Solicitor General, who support the Attorney General in carrying out his duties. However, only the Attorney General’s office is established by the Constitution, as Article 76 does not mention the Solicitor General or Additional Solicitor General.
  • The office and responsibilities of the Solicitor General and Additional Solicitor Generals are regulated by the Law Officers (Conditions of Service) Rules, 1987, rather than the Constitution, making them statutory positions rather than constitutional ones. 
  • The Solicitor General provides legal advice to the government and is appointed for a three-year term by the Prime Minister-chaired Appointment Committee of the Cabinet.
  • The Attorney General has the right to participate in parliamentary proceedings but cannot cast a vote. The Solicitor General and Additional Solicitor Generals, however, do not have the right to participate in parliamentary proceedings.
Advocate General
  • The constitution has provided for the office of Advocate General for the states. He is the highest law officer in a state. Thus the office of the Advocate General at the state level corresponds to the Attorney General of India at the Union level.
  • Constitutional Provision: Under Article 165 of the Indian constitution, The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate General for the States.
  • The Advocate General shall hold office during the pleasure of the Governor and shall receive such remuneration as the Governor may determine Conduct of Government Business
  • The duties, rights, privileges, functions, and responsibilities of an Advocate General are very much similar to the Attorney General of India. But the only difference is that it is confined to the respective state only.