ATTORNEY GENERAL VS ADVOCATE GENERAL (for new pattern SSC CGL)

 ATTORNEY GENERAL VS ADVOCATE GENERAL

Introduction

The Attorney General for India and the Advocate General of a State are the chief law officers of their respective governments. They are constitutional posts created to provide legal advice and represent the government in legal matters.¹ Their roles are analogous, with the Attorney General operating at the Union level and the Advocate General operating at the State level.

Here is a comprehensive breakdown of their positions, powers, and functions with relevant constitutional articles.

1. Constitutional Provisions and Appointment

   

Feature	Attorney General for India (Present : R.Venkataramani)	Advocate General of a State
Constitutional Article	Article 76 of the Constitution provides for the office of the Attorney General for India. He/She is the highest law officer in the country.	Article 165 of the Constitution provides for the office of the Advocate General for a State. He/She is the highest law officer in the state.
Appointment	Appointed by the President of India.	Appointed by the Governor of the respective state.
Qualifications	Must be a person who is qualified to be appointed as a Judge of the Supreme Court. This means they must be a citizen of India and must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist in the opinion of the President.	Must be a person who is qualified to be appointed as a Judge of a High Court. This means they must be a citizen of India and must have held a judicial office for ten years or been an advocate of a high court for ten years.

 

2. Term of Office, Removal, and Remuneration

Feature	Attorney General for India	Advocate General of a State
Term of Office	The term of office is not fixed by the Constitution.	The term of office is not fixed by the Constitution.
Removal	Holds office during the pleasure of the President. This means he/she can be removed by the President at any time. By convention, he/she resigns when the government (Council of Ministers) resigns or is replaced, as his/her appointment is on its advice.	Holds office during the pleasure of the Governor. This means he/she can be removed by the Governor at any time. By convention, he/she resigns when the state government (Council of Ministers) resigns or is replaced.
Remuneration	The remuneration is not fixed by the Constitution. He/She receives such remuneration as the President may determine.	The remuneration is not fixed by the Constitution. He/She receives such remuneration as the Governor may determine.

3. Duties and Functions

Their duties are similar, but their jurisdiction is different.

Duty/Function	Attorney General for India	Advocate General of a State
Chief Legal Advisor	To give advice to the Government of India upon such legal matters which are referred to him/her by the President.	To give advice to the Government of the State upon such legal matters which are referred to him/her by the Governor.
Legal Representation	To appear on behalf of the Government of India in all cases in the Supreme Court and in any High Court in which the Government of India is concerned.	To appear on behalf of the Government of the State in cases in the courts within that state in which the Government of the State is concerned.
Presidential Reference	To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.	No equivalent function, as the Governor does not have the power to make such a reference to the High Court.
Other Duties	To perform such other duties of a legal character that are assigned to him/her by the President. To discharge the functions conferred on him/her by the Constitution or any other law.	To perform such other duties of a legal character that are assigned to him/her by the Governor. To discharge the functions conferred on him/her by the Constitution or any other law.

4. Rights and Limitations

Feature	Attorney General for India	Advocate General of a State
Right of Audience	Has the right of audience in all courts in the territory of India.	Has the right of audience in any court within his/her state.
Parliamentary Privileges	Has the right to speak and to take part in the proceedings of both Houses of Parliament or any joint sitting and any committee of Parliament of which he/she may be named a member.	Has the right to speak and to take part in the proceedings of both Houses of the State Legislature (if it is bicameral) or any committee of the State Legislature of which he/she may be named a member.
Right to Vote	Does not have the right to vote in the Houses of Parliament.	Does not have the right to vote in the Houses of the State Legislature.
Private Practice	Is not debarred from private legal practice. He/she is not a full-time counsel for the Government and is not a government servant.	Is not debarred from private legal practice. He/she is not a full-time counsel for the State Government and is not a government servant.
Limitations	- Should not advise or hold a brief against the Government of India. - Should not defend accused persons in criminal prosecutions without the permission of the Government of India. - Should not accept appointment as a director in any company or corporation without the permission of the Government of India.	- Should not advise or hold a brief against the Government of the State. - Should not defend accused persons in criminal prosecutions without the permission of the Government of the State.

 Another one that you must know about is....

Solicitor General of India

A key point to remember for your exams is that the office of the Solicitor General is not created by the Constitution of India.

Feature	Details
Constitutional Status	The office of the Solicitor General of India is not a constitutional post. Unlike the Attorney General (Article 76), there is no specific article in the Constitution that mentions or provides for the Solicitor General or Additional Solicitors General.
Legal Basis	The post of the Solicitor General is a statutory post. It is created by the Government of India through executive rules, specifically the Law Officers (Conditions of Service) Rules, 1987. He/she is considered the second-highest law officer of the country.
Appointment	The Solicitor General is appointed by the Appointments Committee of the Cabinet.
Role and Hierarchy	The Solicitor General is subordinate to the Attorney General for India. He/she assists the Attorney General in the fulfillment of his official responsibilities. There are also several Additional Solicitors General to assist the Attorney General.
Term of Office	The term of office is typically fixed for three years.
Remuneration	The remuneration and conditions of service are determined by the Government of India as per the Law Officers (Conditions of Service) Rules.

Duties of the Solicitor General in a Simpler Way

Think of the Attorney General as the chief legal counsel for the Government of India. Now, imagine this chief counsel has a very large and busy legal practice. It's impossible for them to handle every single case and every legal matter by themselves.

This is where the Solicitor General comes in. He/she is like the senior-most associate counsel or the deputy chief lawyer who assists the Attorney General.

According to the rules, the duties of the Solicitor General are:

1. To Assist the Attorney General: Their primary job is to help the Attorney General with his duties.
2. To Appear in Court: To appear in the Supreme Court or any High Court on behalf of the Government of India when the Attorney General cannot be present or when they are asked to do so.
3. To Give Legal Advice: To provide legal opinions to various ministries and departments of the Government of India when they ask for it.
4. To Handle Other Legal Tasks: To perform other legal duties that the Ministry of Law and Justice assigns to them.

In essence, the Solicitor General shares the massive workload of the Attorney General, ensuring the Government of India is effectively represented in courts and receives timely legal advice.

Is there a link between the Attorney General and the Advocate General?

This is a very insightful question. The link between the Attorney General for India and the Advocate General of a State is not one of direct control or hierarchy, but one of parallelism and function.

Think of it like this:

• The Prime Minister is the head of the Union Government.
• The Chief Minister is the head of the State Government.

The Prime Minister does not command the Chief Minister. They are counterparts who perform similar roles at different levels (national and state).

Similarly:

• The Attorney General is the chief law officer for the Union Government.
• The Advocate General is the chief law officer for the State Government.

There is no direct constitutional or statutory link where the Attorney General can give orders to or supervise the Advocate General. They are independent constitutional authorities within their respective spheres.

The "link" can be described in the following ways:

1. Analogous Posts: They are parallel or corresponding posts in the constitutional framework. The role the Attorney General plays for the Union of India is the same role the Advocate General plays for the State of [e.g., Tamil Nadu].
2. Functional Similarity: Their duties are almost identical—advising the government, representing it in court, and performing other legal duties assigned by the President/Governor.
3. Jurisdictional Overlap (Right of Audience): A minor, indirect link is that the Attorney General, under Article 76(3), has the "right of audience in all courts in the territory of India." This means the Attorney General can appear in a High Court of any state, which is the primary domain of that state's Advocate General. However, this is a right, not a mechanism of control.

So, for your exams, the key takeaway is that the relationship is one of being counterparts in a federal system, not a hierarchical one. They are independent chief legal officers for their respective governments.

I trust this clear and structured comparison will be highly beneficial for your exam preparation.....

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