Attorney General of India – Indian Polity Notes

Indian Polity -Attorney General of India

 

Attorney General of India and Advocate General of State[Indian Polity Notes for UPSC, SSC etc. ] :

This Article discusses the provisions contained in the Constitution of India regarding the constitutional post of the Attorney General of India and the Advocate General of the State.

Click Here to Read about the Advocate General of the State.

Attorney General of India:

  • The Attorney General of India is the highest Law officer in the country.
  • Article 76 of the constitution provides for the office of Attorney General of India.
  • It is a Constitutional body.

 

What are the duties of Attorney General of India?

  • To give advice to the Government of India in all Legal matters.
  • He represents the Government in all cases in the Supreme Court.
  • To represent Government of India in any reference made by the President under Article 143.
  • To appear in any High Court when required in any case on behalf of the Government of India.

How the Attorney General of India is appointed and removed?

  • By the President of India.
  • Qualification: Any person who is eligible to become the Judge of Supreme Court of India can be appointed as the Attorney General of India.
  • No Term is fixed in the Constitution for the Attorney General.
  • There is no ground or procedure mentioned for his removal in the Constitution of India.
  • He holds his office during the pleasure of the president.
  • He can be removed by the President of India at any time.
  • He can resign by submitting his resignation to the President.
  • No Salary is fixed by the Constitution and is decided by the President.

Rights and Limitations of the Attorney General of India:

  • He enjoys all the privileges and immunities enjoyed by the MPs.
  • He has the Right to Audience in all the courts in India.
  • He has the right to speak and take part in the proceedings of both Lok Sabha and Rajya Sabha or Joint Sitting of both without the right to vote.
  • He can be a member of any parliamentary committee without the right to vote..
  • He is not called as the Government servant of India.
  • He has the right to continue his private legal practice.

Solicitor-General of India:

  • He assists the Attorney General of India in carrying out his duties.
  • It is to be noted that the Constitution provides only for the post of Attorney General of India and not the Solicitor- General.
  • Therefore, the Solicitor-General is not a constitutional body.

 

Advocate General of State:

The post of Advocate General of State has the same nature of duties and responsibilities as the Attorney General but at the State Level.

  • The Advocate General of India is the highest Law officer in a state.
  • Article 167 of the constitution provides for the office of Advocate General of State.
  • It is a Constitutional body.

What are the duties of Advocate General of State?

  • To give advice to the Government of the state in all Legal matters.
  • He represents the state Government in all cases in any court of law within the state.

How the Advocate General of State is appointed and removed?

  • By the Governor of the State.
  • Qualification: Any person who is eligible to become the Judge of a High Court  can be appointed as the Advocate General of the State.
  • No Term is fixed in the Constitution for the Advocate General.
  • There is no ground or procedure mentioned for his removal in the Constitution of India.
  • He holds his office during the pleasure of the Governor.
  • He can be removed by the Governor at any time.
  • He can resign by submitting his resignation to the Governor.
  • No Salary is fixed by the Constitution and is decided by the Governor.

Rights and Limitations of the Advocate General of State:

  • He enjoys all the privileges and immunities enjoyed by the MLAs.
  • He has the Right to Audience in all the courts in the state
  • He has the right to speak and take part in the proceedings of both houses of the Legislature of the state but without the right to vote.
  • He can be a member of any committee of the State Legislature but without the right to vote..

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