Attorney general of India Article 76
The Attorney-general of India is the Chief legal advisor of the Indian government and its principal advocate before the Supreme court of India. He/She is the highest law officer in India.
Power of an attorney general in India
It is the duty to give advice to the Indian Government upon legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President and to discharge the functions conferred on him or under the constitution or any other law for the time being in force.
He is necessary for advising the Union Government on legal matters referred to him.He also performs other legal duties assigned by the President.
He is the highest law officer in the country and in performing his duties, he has a right of audience in all courts in the territory of India.
As well as the right to participate in the proceeding of the Parliament.
But no voting. He appears before the Supreme Court on behalf of the Government of India in all cases in which the Government of India is concerned.
He office during the pleasure of the President and receives such remuneration as the President determines from time to time.
Apart from him, the other law officers are the Solicitor General of India.
Attorney General of India
He is the highest law officer in the country. He is the Indian government’s chief legal advisor and primary lawyer for the government.
He is an advocate for the Indian government side. On the union cabinet’s advice, he is appointed by the president of India by Article 76(1).
Article related to Attorney General
Article 76 – provides the provision to appoint a law officer the Attorney general of India, by the President.
Article 143 – He represents the government of India in any reference made by the President to the Supreme Court.
He is the highest law officer in the country.
AG is appointed by the president.
Qualification of Attorney General
- He should be citizen of India.
- He should be qualified to be appointed as a Judge of Supreme Court.
- He should have been Judge of High court for five years or
- An Advocate of High Court for 10 years or
- An eminent Jurist in the opinion of President.
Term of Attorney General of India
It is fixed by the constitution. Also, the constitution does not contain any procedure and grounds for his removal. He can stay in the position during the pleasure of the President.
This means he can stay in position or can be removed at any time by the President. If he wants to resign from the post, he can give the resignation letter to the President.
But in India, He joins the post when the new government (Council of Ministers) is formed and he resigns when the ruling government ends its term.
Attorney general of India salary, Benefit or Remuneration
The salary of the Attorney general of India is not fixed by the constitution. But the remuneration is fixed may be determined by the President.
Highest law officer of State in India
Similarly, the states also have the highest law officer called the Advocate General of the state. It is mentioned in Article 165 and corresponds to the Attorney General of India.
He is appointed by the governor. He must be qualified to be appointed as a high court judge, also he must have held a judicial office for 10 years or advocate for 10 years in the high court.
His terms in office are not fixed by the constitution and his removal is not mentioned in the constitution. He holds the office per the pleasure of the governor.
He may also submit his resignation to the governor. Usually, the Advocate General of the state is changed when the new government is formed in the state.
His salary is not mentioned in the constitution but is determined by the governor.
- Advice the state government on legal matters.
- Has to appear any court within the state.
- He can speak in Legislative assembly and also council. But he has no right to vote.
- Also enjoys the priviledges of Member of state legislature (MLA)
- Who appoints advocate general of state in India?
The Governor of state shall appoint a person, who is qualified to be appointed as a Judge of High Court. The authority and function of the Advocate General are specified in Article 165 and Article 177 of the Indian Constitution.
2. What is the Advocate General’s role?
He/She (Advocate General) is the highest law officer in the state and is responsible to assist the state government is all its legal matters. And also protects and defends the state government in the court of law.