{"id":2149,"date":"2024-04-25T01:21:46","date_gmt":"2024-04-24T19:51:46","guid":{"rendered":"https:\/\/lotusarise.com\/qna\/?p=2149"},"modified":"2024-04-25T02:22:32","modified_gmt":"2024-04-24T20:52:32","slug":"q-consider-the-following-statements-93","status":"publish","type":"post","link":"https:\/\/lotusarise.com\/qna\/upsc\/q-consider-the-following-statements-93","title":{"rendered":"Q.\u00a0Consider the following statements:"},"content":{"rendered":"\n
    \n
  1. Attorney General of India\u00a0and Solicitor General\u00a0<\/strong>of India are the only officers of the Government who are allowed to participate in the meetings of the Parliament of India.<\/li>\n\n\n\n
  2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns.<\/li>\n<\/ol>\n\n\n\n

    Which of the statements given above is\/are correct?<\/p>\n\n\n\n

      \n
    • 1 only<\/li>\n\n\n\n
    • 2 only<\/li>\n\n\n\n
    • Both 1 and 2<\/li>\n\n\n\n
    • Neither 1 nor 2<\/li>\n<\/ul>\n\n\n\n
      \n

      Answer: (d) Neither 1 nor 2<\/strong><\/p>\n<\/blockquote>\n\n\n\n

      Attorney General of India<\/strong><\/h5>\n\n\n\n
        \n
      • According to Article 76(1)<\/strong>, the President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.<\/li>\n\n\n\n
      • The Attorney General has the\u00a0right 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.\u00a0<\/strong><\/li>\n\n\n\n
      • He enjoys all the\u00a0privileges and immunities that are available to a member of Parliament.\u00a0<\/strong><\/li>\n\n\n\n
      • According to Article 76(4)<\/strong>, the Attorney-General shall\u00a0hold office during the pleasure of the President\u00a0<\/strong>and shall receive such remuneration as the President may determine. Hence, Attorney General can be removed by the president at any time.<\/li>\n\n\n\n
      • Since he is appointed by the president on the advice of the council of ministers,\u00a0conventionally he resigns when the council is dissolved. But it is not mandatory.<\/strong>\n
          \n
        • There is\u00a0no mention in the Indian Constitution of the need for him to submit his resignation<\/strong>\u00a0when the Government which appointed him resigns<\/strong>.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n

          Limitations on the Attorney General<\/strong>:<\/p>\n\n\n\n

            \n
          • Following limitations are placed on the Attorney General in order to avoid any complication and conflict of duty\u2013\n
              \n
            • He should\u00a0not advise or hold a brief against the Government\u00a0<\/strong>of India.<\/li>\n\n\n\n
            • 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.<\/li>\n\n\n\n
            • He should not\u00a0defend accused persons in criminal prosecutions without the permission<\/strong>\u00a0of the Government of India.<\/li>\n\n\n\n
            • He should\u00a0not accept an appointment as a director\u00a0<\/strong>in any company or corporation without the permission of the Government of India.<\/li>\n\n\n\n
            • He should\u00a0not advise any ministry or department of the Government of India<\/strong>\u00a0or 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.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n
              \u200bSolicitor General<\/strong> of India<\/strong><\/h6>\n\n\n\n
                \n
              • The Solicitor General of India is the\u00a0second-highest legal officer\u00a0<\/strong>in the country, serving under the Attorney General, who holds the highest position.<\/li>\n\n\n\n
              • Apart from the Attorney General, the Indian Government has other legal officers, including the Solicitor General and Additional Solicitor General, who\u00a0support the Attorney General<\/strong>\u00a0in carrying out his duties. However, only the Attorney General\u2019s office is established by the Constitution, as\u00a0Article 76 does not mention the Solicitor General or Additional Solicitor General.<\/strong><\/li>\n\n\n\n
              • The office and responsibilities of the Solicitor General and Additional Solicitor Generals are regulated by the\u00a0Law Officers (Conditions of Service) Rules, 1987<\/strong>, rather than the Constitution, making them statutory positions rather than constitutional ones.\u00a0<\/li>\n\n\n\n
              • The Solicitor General provides\u00a0legal advice to the government\u00a0<\/strong>and is appointed for a three-year term by the\u00a0Prime Minister-chaired Appointment Committee of the\u00a0Cabinet.<\/li>\n\n\n\n
              • The Attorney General has the right to participate in parliamentary proceedings but cannot cast a vote. The Solicitor General and Additional Solicitor Generals, however,\u00a0do not have the right to participate in parliamentary proceedings.<\/strong><\/li>\n<\/ul>\n\n\n\n
                Advocate General<\/strong><\/h6>\n\n\n\n
                  \n
                • The\u00a0constitution has provided for the office of Advocate General for the states<\/strong>. He is the\u00a0highest law officer in a state<\/strong>. Thus the office of the Advocate General at the state level corresponds to the Attorney General of India at the Union level.<\/li>\n\n\n\n
                • Constitutional Provision:\u00a0<\/strong>Under\u00a0Article 165<\/strong>\u00a0of the Indian constitution, The\u00a0Governor<\/strong>\u00a0of 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.<\/li>\n\n\n\n
                • The Advocate General shall hold office during the\u00a0pleasure of the Governor<\/strong>\u00a0and shall receive such remuneration as the Governor may determine Conduct of Government Business<\/li>\n\n\n\n
                • The duties, rights, privileges, functions, and responsibilities<\/strong>\u00a0of 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.<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"

                  Which of the statements given above is\/are correct? Answer: (d) Neither 1 nor 2 Attorney General of India Limitations on the Attorney General: \u200bSolicitor General of India Advocate General<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"_kad_post_classname":"","footnotes":""},"categories":[1,3],"tags":[39],"years":[51],"class_list":["post-2149","post","type-post","status-publish","format-standard","hentry","category-upsc","category-prelims","tag-indian-polity","years-51"],"acf":[],"taxonomy_info":{"category":[{"value":1,"label":"UPSC"},{"value":3,"label":"Prelims"}],"post_tag":[{"value":39,"label":"Indian Polity"}],"years":[{"value":51,"label":"2022"}]},"featured_image_src_large":false,"author_info":{"display_name":"LotusArise","author_link":"https:\/\/lotusarise.com\/qna\/author\/team-lotusarise"},"comment_info":0,"category_info":[{"term_id":1,"name":"UPSC","slug":"upsc","term_group":0,"term_taxonomy_id":1,"taxonomy":"category","description":"","parent":0,"count":1269,"filter":"raw","cat_ID":1,"category_count":1269,"category_description":"","cat_name":"UPSC","category_nicename":"upsc","category_parent":0},{"term_id":3,"name":"Prelims","slug":"prelims","term_group":0,"term_taxonomy_id":3,"taxonomy":"category","description":"","parent":1,"count":1251,"filter":"raw","cat_ID":3,"category_count":1251,"category_description":"","cat_name":"Prelims","category_nicename":"prelims","category_parent":1}],"tag_info":[{"term_id":39,"name":"Indian Polity","slug":"indian-polity","term_group":0,"term_taxonomy_id":39,"taxonomy":"post_tag","description":"","parent":0,"count":188,"filter":"raw"}],"_links":{"self":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/posts\/2149","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/comments?post=2149"}],"version-history":[{"count":0,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/posts\/2149\/revisions"}],"wp:attachment":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/media?parent=2149"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/categories?post=2149"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/tags?post=2149"},{"taxonomy":"years","embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/years?post=2149"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}