Which one of the following statements regarding the Solicitor General of India is NOT correct?
It is a constitutional position under Article 76 of the Constitution of India
He is appointed by the Appointments Committee of the Cabinet
He assists the Attorney General of India
It is a statutory position
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC Geoscientist – 2020
Article 76 of the Constitution of India provides for the office of the Attorney General of India, which is a constitutional post. The Solicitor General of India and Additional Solicitors General are not mentioned in the Constitution. They are appointed by the Central Government (specifically the Appointments Committee of the Cabinet – B) to assist the Attorney General (C) in performing their duties. The posts are created by executive decision based on rules of business derived from the executive power, making them executive or non-constitutional positions, rather than positions created directly by a statute (D, stating it’s statutory, is debatable on the exact legal basis but it is definitively *not* constitutional). Statement A is incorrect because the position is not established by Article 76 or any other article of the Constitution.