ATTORNEY GENERAL
Polity
The Constitution (Article 76) has provided for the office of the Attorney General for India.
The highest law officer in the country.
APPOINTMENT OF ATTORNEY GENERAL OF INDIA
- Appointed by the president.
- Must be a person who is qualified to be appointed a judge of the Supreme Court.
- The term of office of the AG is not fixed by the Constitution.
- No procedure or grounds for removal are mentioned.
- Holds office during the pleasure of the president.
- Resigns by submitting his resignation to the president.
- Conventionally resigns when the government resigns.
- Remuneration determined by the President.
DUTIES & FUNCTIONS OF ATTORNEY GENERAL OF INDIA
- To give advice to the Government of India on legal matters referred by the President.
- To perform legal duties assigned by the President.
- To discharge constitutional or legal functions.
- To appear on behalf of the Government of India in Supreme Court cases.
- To represent the Government of India in Presidential References (Art. 143).
- To appear in any High Court case involving the Government of India.
LIMITATIONS
- Should not advise or hold briefs against the Government of India.
- Should not defend accused persons in criminal prosecutions without GoI permission.
- Should not accept directorship in any company without GoI permission.
- Not a full-time counsel, allowed private practice.
- Not a member of Central Cabinet.
ARTICLES RELATED
- Article 76 – Attorney General of India
- Article 88 – Rights of AG in Parliament
- Article 105 – Powers, privileges & immunities of AG
SOLICITOR GENERAL OF INDIA
- Second law officer of India.
- Assists the AG.
- Statutory office, not constitutional.
APPOINTMENT
- Recommended by ACC; appointed by President.
- Eligible for reappointment.
DUTIES
- To advise GoI on legal matters.
- To appear in Supreme Court/High Courts for GoI.
- To represent GoI in Presidential References (Art. 143).
ADVOCATE GENERAL (STATE)
- Article 165 creates the office.
- Highest law officer of the state.
APPOINTMENT
- Appointed by Governor.
- Must be qualified to be a High Court judge.
- Holds office during the pleasure of the governor.
- Resigns by submitting resignation to the governor.
- Remuneration determined by Governor.
DUTIES
- Advises state government on legal matters.
- Performs legal duties assigned by Governor.
- Can appear in any court in the state.
- Has right to speak and participate (not vote) in both Houses of state legislature.
- Enjoys privileges of a state legislator.
ARTICLES RELATED
- Article 165 – Advocate General
- Article 177 – Rights in State Legislature
- Article 194 – Powers, privileges & immunities
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Subject: Polity
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