The Attorney General of India and the Advocate General of a State
Every government needs a senior legal adviser to advise it on legal matters and to represent it in the courts. The Constitution therefore provides for a law officer at the Union level and a law officer in each state. The law officer of the Union is the Attorney General of India, and the law officer of a state is the Advocate General. Both are appointed by the executive - the Attorney General by the President and the Advocate General by the Governor - and both hold office during the pleasure of the appointing authority. This topic explains their constitutional basis, qualifications, tenure, duties and rights, and the difference between the two, which is frequently asked in APSC, ADRE and Assam Police examinations.
Attorney General of India
Article 76 provides that the President shall appoint a person who is qualified to be appointed a judge of the Supreme Court to be the Attorney General of India. The Attorney General is the highest law officer of the Government of India and the first law officer of the country. He is appointed by the President and holds office during the pleasure of the President; there is no fixed term of office. In the performance of his duties he has the right of audience in all courts in India, including the Supreme Court, and he has the right to speak and take part in the proceedings of both Houses of Parliament and their committees, though he has no right to vote. This right is given by Article 88.
Qualification and Tenure
- He 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 is a distinguished jurist.
- He is appointed by the President and holds office during the pleasure of the President.
- There is no fixed tenure; he does not automatically resign when the Council of Ministers changes and may continue if the new government so desires.
- His remuneration is fixed by the President, and it is not fixed by the Constitution.
Duties and Rights of the Attorney General
- To advise the Government of India on legal matters referred to him by the President.
- To appear on behalf of the Government of India in the Supreme Court and in High Courts in cases concerning the Government of India.
- To represent the Government of India in any reference made by the President to the Supreme Court under Article 143.
- To discharge other legal duties assigned to him by the President.
- He has the right to speak in both Houses of Parliament and their committees, but he is not a member of Parliament and cannot vote.
- He is not a full-time government servant and is not debarred from private legal practice, though he cannot advise against the Government of India or appear against it.
The Solicitor General and Other Law Officers
The Solicitor General of India is the second law officer of the Union. Unlike the Attorney General, the office of the Solicitor General is not mentioned in the Constitution; it is a statutory office and is appointed by the Government of India. The Solicitor General assists the Attorney General and represents the Union in the courts. There are also Additional Solicitors General to assist in the work. The Solicitor General is subordinate to the Attorney General.
Advocate General of a State
Article 165 provides that the Governor of each state shall appoint a person who is qualified to be appointed a judge of a High Court to be the Advocate General of the state. The Advocate General is the highest law officer of the state government. He holds office during the pleasure of the Governor, and his remuneration is fixed by the Governor. He has the right to speak and take part in the proceedings of the State Legislature and its committees under Article 177, but he has no right to vote. He can appear before any court in the state and advises the state government on legal matters.
Duties and Rights of the Advocate General
- To advise the Government of the state on legal matters referred to him by the Governor.
- To appear on behalf of the state government in the High Court and other courts in the state.
- To discharge other legal duties assigned to him by the Governor.
- To speak and take part in the proceedings of the State Legislature and its committees under Article 177, without a right to vote.
Attorney General versus Advocate General
- Level: the Attorney General is the law officer of the Union; the Advocate General is the law officer of a state.
- Appointment: the Attorney General is appointed by the President; the Advocate General is appointed by the Governor.
- Qualification: the Attorney General must be qualified to be a Supreme Court judge; the Advocate General must be qualified to be a High Court judge.
- Tenure: both hold office during the pleasure of the appointing authority, with no fixed term.
- Courts: the Attorney General can appear in all courts of India; the Advocate General appears in the courts of the state.
- Legislature: the Attorney General has rights in Parliament under Article 88; the Advocate General has rights in the State Legislature under Article 177.
Significance for Competitive Examinations
This is a compact and frequently asked topic in APSC, ADRE, Assam Police, DHS, SSC and Railway examinations. Questions are asked on the articles relating to the Attorney General and Advocate General, the appointing authorities, the qualifications, the tenure during pleasure, the right to speak without a right to vote, the difference between the two officers, and the constitutional status of the Solicitor General. Assam-specific questions on the Advocate General of Assam are also common.
How to Prepare This Topic
- Memorise Articles 76, 88, 165 and 177.
- Remember the appointing authorities: the President for the Attorney General and the Governor for the Advocate General.
- Learn the qualifications: the Attorney General must be qualified for the Supreme Court and the Advocate General for a High Court.
- Note that neither officer has a right to vote in the legislature, though both have a right to speak.
- Remember that the Solicitor General is not a constitutional officer but the second law officer of the Union.
- Practise the questions on this page and revise the FAQ answers.
Common Exam Traps
- The Attorney General is the law officer of the Union, while the Advocate General is the law officer of a state.
- The Attorney General is appointed by the President and the Advocate General by the Governor.
- Neither officer is a member of the legislature, and neither has a right to vote.
- The Solicitor General is the second law officer and is not mentioned in the Constitution.
- The tenure is during the pleasure of the appointing authority, not a fixed term of years.
Frequently Asked Questions
Under which articles are the Attorney General of India and the Advocate General of a state provided for?
The Attorney General of India is provided for under Article 76, which says that the President shall appoint a person qualified to be a judge of the Supreme Court as the Attorney General. The Advocate General of a state is provided for under Article 165, which says that the Governor shall appoint a person qualified to be a judge of a High Court as the Advocate General.
What are the qualifications and tenure of the Attorney General of India?
The Attorney General must be 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 a distinguished jurist. He is appointed by the President and holds office during the pleasure of the President, so there is no fixed term of office. His remuneration is fixed by the President.
Does the Attorney General have the right to vote in Parliament?
No. Under Article 88 the Attorney General has the right to speak and take part in the proceedings of both Houses of Parliament and their committees, but he has no right to vote. He is not a member of either House. He also has the right of audience in all courts in India.
What is the difference between the Attorney General and the Solicitor General of India?
The Attorney General is the highest law officer of the Union and is provided for in Article 76 of the Constitution. The Solicitor General is the second law officer of the Union and is not mentioned in the Constitution; the office is statutory and is appointed by the Government of India. The Solicitor General assists the Attorney General and is subordinate to him.
What is the role of the Advocate General of a state?
The Advocate General is the highest law officer of a state, appointed by the Governor under Article 165. He advises the state government on legal matters referred to him by the Governor and appears on behalf of the state in the High Court and other courts. Under Article 177 he may speak and take part in the proceedings of the State Legislature and its committees, but he has no right to vote.