A common citizen has to appoint a lawyer to plead their case in court as they do not know much about the legal matters. What does the law say? Or what is the stream of crpc and ipc ? What is his process, it is all very complicated, in such a situation, a lawyer or advocate has to be appointed and the lawyer pleads our case in the court. In the same way, the government makes the law. When the laws made by the government are applicable, then there are some problems in them, such as – challenge the law, that is, whether it is legally valid or not, there is a problem in the Supreme Court . In such a situation, the government needs a legal advisor who is called the Attorney General of the Government of India at the Center and Advocate General in the States .
Attorney General of India
The Attorney General of India is appointed by the President (on the recommendation of the Council of Ministers) and holds office till the President’s offerings . Article 76 of the Constitution provides for the post of Attorney General of India. He is the highest law officer of the country. The Attorney General’s salary is not fixed in the constitution , he gets the salary fixed by the President. His salary is equal to a judge of the Supreme Court .
Qualifications of Attorney General.
The work of the Attorney General is to advise the Government of India on legal questions and to present its case.
The constitution does not define the qualification of a Attorney General, but it has been said that he should have the ability to become a judge of the Supreme Court according to which he…
- It is necessary to have those qualifications, which are for the appointment of a judge of the Supreme Court.
- He is a citizen of India .
- He has 5 years of experience as a High Court Judge or 10 years of Advocacy in High Court or according to the President, he should be knowledgeable in judicial matters.
Tenure of Attorney General
The term of the Attorney General has not been decided by the constitution nor has any arrangement been made to remove it. He can continue in his office till the President’s offerings , that is, he can be removed at any time by the President. He can give his resignation letter to the President at any time. It is a tradition that when the Government ( Council of Ministers ) renounces or changes, it has to resign because it is appointed on the recommendation of the Government.
The Attorney General has the following functions as the first law officer of the Government of India .
- To advise the Government of India on matters related to law which have been sought by the President.
- To perform such functions in a legal form as assigned by the President .
- To discharge the functions provided by the Constitution or any other law.
The President assigns the following functions to the Attorney General.
- Advocacy of the Government of India in the Supreme Court in matters related to the Government of India .
- According to Article 143 of the Constitution , the President to represent the Government of India in the Supreme Court.
- Right to hear in High Court in any matter related to the Government.
- The Attorney General of India has the right to be heard in any court of India.
- He is the only officer who has the right to participate and speak in the proceedings of Parliament but does not have the right to vote .
- He gets all the perks and privileges like a Member of Parliament .
Some Limitations of Attorney General
- The Attorney General cannot provide any legal advice nor contest the case against the Government of India .
- No one can comment on the matter to be presented by the Government of India.
- Without the permission of the Government of India, he can not prosecute a person in a criminal matter.
- Without the permission of the Government of India, he can not assume the position of director of any council or company .
However, the Attorney General is not a full-time advocate of the Government of India, so it does not fall under the category of a government employee , hence it cannot be stopped by private legal proceedings.
Advocate General of India
Apart from the Attorney General, there is another legal officer of the Government of India called the Advocate General or Additional Advocate General of the Government of India whose functions are to assist the Attorney General in carrying out his responsibilities . There is no mention of Advocate General or Additional Advocate General in the Constitution .
State advocate general
The constitution provides for the advocate general of the state under Article 165 , which is the first law officer or supreme law officer of the state . Just as there is an Attorney General of the Government of India, in the same way the Advocate General of the State Government is.
Appointment and tenure of Advocate General
The Advocate General of the State is appointed by the Governor , he should have the qualification to become a Judge of the High Court. There is no mention of the term of Advocate General in the Constitution. Nor has he been told to remove it. Nothing has been said that he’s governor office pleasure remains.
The salaried allowances of the Advocate General have also not been decided in the constitution, their salary allowances are determined by the Governor.
Work and powers
The Advocate General is the Chief Legal Officer of the state, which is why the Advocate General has the following functions.
- Advising the State Government on matters of law which are entrusted by the President.
- Perform such duties in a legal form as may be assigned to him by the Governor.
- Discharge the work provided by the Constitution.
In his work, he has the right to hear before any court of the state, as well as the right to participate and speak in both the houses of the Legislature or the committee concerned from which he is authorized but he does not have the right to vote there . He has the right to get all the privileges and allowances that any member of the Legislature receives.