Attorney General and Advocate General
⚖️ Attorney General of India (AGI)
(Article 76 of the Constitution)
Let’s begin with a simple understanding.
If the CAG is the guardian of public money,
and the Election Commission is the guardian of free elections,
then the Attorney General is the guardian of law for the Government of India.
He is the highest law officer of the country — the chief legal advisor to the Union Government.
👑 Appointment and Term
🏛️ Appointment
- The President of India appoints the Attorney General.
- But the advice for this appointment comes from the Council of Ministers (as per constitutional convention).
📘 Qualifications
To be appointed as the Attorney General, a person must be qualified to be a judge of the Supreme Court.
That means he/she must be:
- A citizen of India, and
- Either:
- a judge of some High Court for at least 5 years, or
- an advocate of some High Court for at least 10 years, or
- in the President’s opinion, an eminent jurist.
So, it’s a highly specialized constitutional post reserved for top legal minds.
⏳ Term of Office
The Constitution does not fix any term for the Attorney General.
He/she holds office during the pleasure of the President.
👉 This means:
- The President can remove the AG anytime, without needing to give reasons.
- The AG can also resign anytime by addressing a resignation letter to the President.
- Conventionally, the AG resigns when the government changes, because he represents the Council of Ministers in power.
💰 Remuneration
- The Constitution does not specify the salary.
- The AG receives such remuneration as the President may determine — decided by executive order, not by statute.
📚 Duties and Functions
As the chief law officer of the Government of India, the AG’s work involves advisory, representational, and constitutional roles.
1️⃣ Advisory Role
- To give legal advice to the Government of India on matters referred by the President.
2️⃣ Other Legal Duties
- To perform other legal duties of a legal character assigned by the President — for instance, drafting opinions, interpreting statutes, or assisting in legislative drafting.
3️⃣ Constitutional and Statutory Functions
- To discharge the functions assigned to him/her by the Constitution or any other law.
Specifically, the President has assigned these duties:
1️⃣ To appear on behalf of the Government of India in the Supreme Court in all cases involving the Union Government.
2️⃣ To represent the Government in any Presidential Reference (Article 143) — i.e., when the President seeks the Supreme Court’s advisory opinion.
3️⃣ To appear (when required) in any High Court in matters involving the Union Government.
✅ So, in all these situations, the AG acts as the Union’s lawyer before the courts and its advisor outside the courts.
⚙️ Rights and Privileges
The AG, though not a government servant, enjoys several constitutional rights to perform his duties effectively.
1️⃣ Right of Audience
- The AG has the right of audience in all courts in the territory of India.
This means he can appear and be heard in any court, irrespective of jurisdiction.
2️⃣ Right to Participate in Parliament
- The AG has the right to speak and take part in proceedings of:
- Both Houses of Parliament,
- Their joint sittings, and
- Any Parliamentary Committee where he/she is nominated as a member.
👉 But — the AG cannot vote.
3️⃣ Parliamentary Privileges
- The AG enjoys the same privileges and immunities as Members of Parliament while participating in these proceedings.
These rights reflect the AG’s hybrid status — neither a full-time politician nor a full-time bureaucrat, but a constitutional bridge between the judiciary, executive, and legislature.
🚫 Limitations on the Attorney General
To prevent conflict of interest, certain restrictions are imposed:
1️⃣ The AG should not:
- advise or hold a brief against the Government of India,
- appear in cases where he/she must represent the Government,
- defend accused persons in criminal cases without the Government’s permission,
- accept directorship in any company without prior government approval.
2️⃣ The AG should not advise any ministry, statutory body, or public sector undertaking directly — unless the reference comes through the Ministry of Law and Justice.
✅ Purpose: to maintain neutrality and confidentiality in legal matters involving the Union.
⚖️ Nature of Office
- The AG is not a government servant — this is important.
- He/she is a constitutional functionary, not part of the civil services.
- He/she is not debarred from private legal practice — unlike regular government employees.
- However, restrictions apply when private practice may conflict with government interest.
So, the AG’s role is semi-independent — serving the government, but not bound by its bureaucratic structure.
👥 Other Law Officers of the Government
To support the Attorney General, there are two additional categories of law officers:
1️⃣ Solicitor General of India
2️⃣ Additional Solicitors General of India
They assist the AG in representing the government before various courts and tribunals.
However —
👉 Only the office of the Attorney General is constitutional (mentioned in Article 76).
The Solicitor General and Additional Solicitors General are statutory/executive posts created by government rules.
🧾 Attorney General vs. Law Minister
- The Attorney General is the chief legal advisor to the Government.
- The Law Minister is a political executive — a Cabinet member responsible for policy matters and administration in the Ministry of Law and Justice.
Hence, the AG advises on legal issues, while the Law Minister implements them at the administrative level.
🌟 Essence of the Concept
The Attorney General of India stands at the intersection of law and governance.
He ensures that the Government’s actions are legally sound, that the Constitution is upheld, and that justice guides administration.
“Attorney General is like the legal conscience of the Government —
he is not its servant, but its counsellor.”
⚖️ Advocate General of the State
(Article 165 of the Constitution)
The Advocate General (AG) is the highest law officer in a state, just as the Attorney General is at the Centre.
He is the chief legal advisor to the State Government and represents it in legal matters within the state.
So, if you imagine the Attorney General as the lawyer of the Union, then the Advocate General is the lawyer of the State.
👑 Appointment and Term
🏛️ Appointment
- The Governor of the State appoints the Advocate General.
- Like the AG of India, this appointment is made on the advice of the Council of Ministers of the state.
📘 Qualifications
To be eligible for appointment, a person must be qualified to be a judge of a High Court.
That means he/she must:
- Be a citizen of India, and
- Either have:
- held a judicial office for 10 years, or
- been an advocate of a High Court for 10 years.
✅ So, the Advocate General, like the Attorney General, must be a highly experienced legal expert.
⏳ Term of Office
- The Constitution does not fix any term for the Advocate General.
- He/she holds office during the pleasure of the Governor.
👉 This means:
- The Governor may remove him at any time, and
- The Advocate General may also resign by writing to the Governor.
- Conventionally, when the State Government resigns or is replaced, the Advocate General also resigns, because he/she is appointed on the advice of that government.
💰 Remuneration
- The Constitution does not specify the salary or allowances.
- The Advocate General receives such remuneration as the Governor may determine.
📚 Duties and Functions
As the chief law officer of the State Government, the Advocate General performs three broad functions — all of which are similar to those of the Attorney General at the Centre.
1️⃣ Advisory Role
- To advise the State Government on legal matters referred to him/her by the Governor.
2️⃣ Legal Duties
- To perform other legal functions assigned by the Governor — such as representing the state in court cases, interpreting legal provisions, or assisting in drafting legislation.
3️⃣ Constitutional/Statutory Role
- To discharge functions conferred on him/her by the Constitution or any other law — for example, appearing in court cases involving the state’s constitutional matters.
⚙️ Rights and Privileges
To perform these duties effectively, the Advocate General enjoys certain rights — similar to the Attorney General at the Centre.
1️⃣ Right to Participate in the Legislature
- The Advocate General has the right to speak and take part in the proceedings of:
- Both Houses of the State Legislature (if the state is bicameral), or
- The Legislative Assembly (if the state is unicameral),
- As well as any committee of the legislature in which he/she is a member.
👉 However, he/she cannot vote.
2️⃣ Legislative Privileges
- He/she enjoys the same privileges and immunities as Members of the State Legislature while participating in legislative proceedings.
🧭 Nature of Office
Let’s understand the status of this post clearly:
- The Advocate General is not a full-time government servant.
- He/she may continue private legal practice, except in cases where it conflicts with government interests.
- He/she acts as the legal advisor to the State Government but remains independent of the political executive in legal matters.
So, just like the Attorney General, the Advocate General acts as a constitutional bridge between law and governance — ensuring that the State Government functions within the legal and constitutional framework.
🌟 Essence of the Concept
The Advocate General stands as the legal conscience of the State Government —
ensuring that every action of the state is legally sound, constitutionally valid, and justifiable in a court of law.
“The Advocate General is the lawyer of the State, just as the Attorney General is the lawyer of the Union — both uphold the Constitution, not just the client government.”
⚖️ Attorney General vs Advocate General — Key Differences
| Feature | Attorney General of India | Advocate General of State |
|---|---|---|
| Constitutional Article | Article 76 | Article 165 |
| Appointed by | President of India | Governor of State |
| Advises | Government of India | State Government |
| Qualification | Must be qualified for appointment as a Supreme Court Judge | Must be qualified for appointment as a High Court Judge |
| Tenure | Holds office during the pleasure of the President | Holds office during the pleasure of the Governor |
| Remuneration fixed by | President | Governor |
| Right to participate | Parliament and its Committees | State Legislature and its Committees |
| Vote in Legislature | No | No |
| Privileges | Same as Members of Parliament | Same as Members of State Legislature |
| Nature of Office | Constitutional but not a government servant; can practice privately | Same |
| Supporting Law Officers | Solicitor General and Additional Solicitor Generals | None (at constitutional level) |