Attorney General and Advocate General

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1. Attorney General of India (Article 76)

Highest law officer in the country.

  • Appointment: Appointed by President. Must be a person qualified to be appointed a judge of the Supreme Court.
  • Term & Removal: Term is not fixed by Constitution. Holds office during the pleasure of the President (can be removed by President at any time).
  • Duties: To give advice to GOI on legal matters, appear on behalf of GOI in all cases in SC/HC, represent GOI in reference made by President to SC under Art 143.

2. Rights and Limitations of AG

Rights: Has the right of audience in all courts in India. According to Article 88, he has the right to speak and take part in proceedings of both Houses of Parliament or joint sittings, but without a right to vote.

Limitations: Not a full-time counsel for Govt, does not fall in category of public servants. Not debarred from private legal practice (but cannot advise/defend against GOI).

3. Advocate General of the State (Article 165)

Highest law officer in the state.

  • Appointment: Appointed by Governor. Must be a person qualified to be appointed a judge of a High Court.
  • Term: Holds office during the pleasure of the Governor.
  • Rights: Right to speak and take part in the proceedings of State Legislature, without a right to vote (Article 177).