Attorney-General for India (Article 76) and Advocate-General for the State (Article 165)

At a Glance

• What it is The highest law officers of the Centre and of the state
• Articles 76 (Attorney-General) and 165 (Advocate-General)
• Appointed by President (AG) and Governor (Advocate-General)
• Tenure During pleasure; not fixed
• Exam link UPSC Prelims, Polity: Constitutional Bodies

Where Does It Fit?

This is the fifth topic of the category on Constitutional Bodies. Article 76 provides for the Attorney-General for India, the highest law officer in the country, and Article 165 for the Advocate-General of the state, who corresponds to the Attorney-General at the state level.

Attorney-General: Appointment and Term

The Attorney-General is appointed by the President and must be a person qualified to be appointed a judge of the Supreme Court, that is, a citizen of India who has been a high court judge for five years, or a high court advocate for ten years, or in the President’s opinion an eminent jurist. The Constitution does not fix the term or give any procedure or grounds for removal. He or she holds office during the pleasure of the President, who may remove at any time, and may resign by writing to the President. By convention the AG resigns when the council of ministers resigns or is replaced, since appointed on its advice. Remuneration is not fixed by the Constitution and is determined by the President.

Attorney-General: Duties, Rights and Limits

The AG advises the Government of India on legal matters referred by the President, performs other legal duties assigned by the President and discharges functions conferred by the Constitution or any law. The President has assigned the AG to appear for the Government of India in all Supreme Court cases concerning it, to represent it in any reference made by the President under Article 143, and to appear when required in any high court case in which it is concerned. The AG has the right of audience in all courts in India and the right to speak and take part in the proceedings of both Houses, their joint sitting and any committee of which he or she is named a member, but without a vote, and enjoys the privileges and immunities of a member of Parliament.

The AG is not a full-time counsel for the Government and does not fall in the category of government servants. He or she is not debarred from private legal practice. The AG is also not a member of the Central cabinet, since there is a separate law minister.

Solicitor General and Other Law Officers

Besides the AG there are the Solicitor General of India and the Additional Solicitor General of India, who assist the AG in fulfilling the official responsibilities. Only the office of the AG is created by the Constitution; Article 76 does not mention the Solicitor General or the Additional Solicitor General.

Advocate-General of the State

The Advocate-General is the highest law officer in the state and corresponds to the Attorney-General of India. He or she is appointed by the Governor and must be qualified to be a high court judge, that is, a citizen of India who has held a judicial office for ten years or been an advocate of a high court for ten years. Unlike the Supreme Court, the Constitution makes no provision for appointment of an eminent jurist as a high court judge, so that option does not exist here. Judicial office means an office in the judicial service of the state.

The Constitution does not fix the term, procedure or grounds of removal. The Advocate-General holds office during the pleasure of the Governor, may be removed at any time and may resign to the Governor. By convention he or she resigns when the government resigns or is replaced. Remuneration is as the Governor determines. The duties are to advise the state government on legal matters referred by the Governor, perform other legal duties assigned by the Governor and discharge functions conferred by the Constitution or any law. The Advocate-General has the right to speak and take part in the proceedings of both Houses of the state legislature or any committee of which he or she is named a member, without a vote, and enjoys the privileges and immunities of a member of the state legislature.

Comparison and Related Articles

Why Is This Topic Important?

• Standard comparison Qualifications and appointment differ
• Convention Resigns with the government
• Not a member Not in the cabinet; no vote in Parliament

What Came Next?

The next topic covers the National Commission for Scheduled Castes under Article 338.

Key People and Terms

• Article 76 Attorney-General
• Article 165 Advocate-General
• Right of audience Right to appear in all courts
• Eminent jurist Qualification route for the AG only
• Article 143 Presidential reference

Exam Corner

Mains Angle

Questions on this topic usually ask about the status of law officers. Use these points to add depth.

• Role Chief legal adviser
• Independence Tenure at pleasure; conventions
• Conflict of interest limits Restrictions on the AG
• Legislative rights Speak but no vote