Answer:

Introduction          

The Attorney General of India (Article 76) and the Advocate Generals of States (Article 165) are the chief legal counsels to the Central and State Governments respectively. Both figures are crucial in safeguarding the constitutionality of executive decisions and in upholding the tenets of the Indian legal system.

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Similarities in the Functions and Duties of the Attorney General of India and the Advocate Generals of States

• Principal Legal Advisor: Both the Attorney General and the Advocate Generals serve as the chief legal counsel to the Central and State governments respectively. Eg: in the case challenging sedition law, the Attorney General represented the Union government. .
• Legal Representation: Whether it’s a matter before the Supreme Court or any High Court, both the Attorney General and Advocate Generals have the duty to represent their respective governments. Eg: the Advocate General of Tamil Nadu represented the state in the Jallikattu case.
• Rights of Attorney General and Advocate Generals: As per their constitutional duties, both can be consulted by their governments on legal matters. They can attend and speak in their respective legislatures but cannot vote, as evidenced in Article 88 for the Attorney General and Article 177 for Advocate Generals.
• Right to Audience: Both these legal officers, by virtue of their positions, have the privilege to practise before any court in India. This ensures that they can represent their respective governments in any legal forum necessary.
• Impartiality: Their primary allegiance is to the Constitution and the rule of law, not to any political party. This was evident when Attorney General K.K. Venugopal gave legal opinions that sometimes didn’t align with the central government’s stance.
• Advisory Role: The Attorney General advises the President as per Article 76(2), while Advocate Generals under Article 165 advise the Governor of their respective states. Eg: when the Advocate General of Maharashtra advised the Governor on the legalities of government formation in 2019.
• Confidentiality: Handling sensitive information, both are bound by confidentiality. Their roles sometimes require a deep dive into government affairs, which must remain undisclosed.
• Non-partisan Position: The positions are apolitical. For example, despite being appointed by a government of a particular political party, Attorney Generals like Soli Sorabjee maintained their non-partisan stance in giving legal opinions.
• Independent Functioning: Their roles demand an objective and independent stance, free from governmental influence. This was evident when the Attorney General advised the government on the complexities of implementing the Goods and Services Tax (GST).

Differences in the functions and duties of the Attorney General of India and the Advocate Generals of States 

Conclusion

The Attorney General of India and the Advocate Generals of the States serve as essential pillars of the democratic system, ensuring that government actions adhere to the legal framework. While they share numerous overlapping responsibilities, their distinct roles, delineated by jurisdiction and scope, underscore the federal structure of India’s governance system.

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