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 Advocate General of the State
Click Here to Read about the Advocate General of the State.
The Attorney General of India highest Law officer
Article 76 It is a Constitutional
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.
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.
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.
He assists the Attorney General of India
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 .
The post of Advocate General of State
The Advocate General of India highest Law officer
Article 167 It is a Constitutional body
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.
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.
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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