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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
Differences in the functions and duties of the Attorney General of India and the Advocate Generals of States
| Criteria | Attorney General of India | Advocate Generals of States |
| Jurisdiction | The Attorney General represents the Central Government and primarily functions at the national level, focusing on cases at the Supreme Court. A notable instance is the Aadhaar case, where the Attorney General represented the stance of the Government of India. | Advocate Generals function at the state level, representing their respective State Governments. They predominantly deal with cases at State High Courts. For example, during the disputes between states like the long-standing Cauvery water dispute, Advocate Generals have a pivotal role. |
| Appointment & Term | Appointed by the President of India, the Attorney General does not have a fixed term.S/he holds the office during the pleasure of the President (may be removed by the President at any time). | Advocate Generals are appointed by the Governors of their respective states.S/he holds the office during the pleasure of the Governor (may be removed by the Governor at any time). |
| Scope of Advice | The Attorney General advises the Government of India on a wide array of legal matters referred by the President.Their role is often highlighted in significant legal events, such as the advisory function in matters like the abrogation of Article 370. | Advocate Generals advise the State Government on various state-specific legal matters, as and when referred by the Governor. Their inputs are crucial in matters ranging from implementation of state policies to legal complications arising in regional contexts. |
| Additional Duties | The Attorney General’s duties are more or less standardised, primarily revolving around representing the Union government in legal matters and offering legal advice based on the central constitution. | Advocate Generals, in addition to their constitutionally mandated duties, may have additional roles prescribed by the Governor or as per state laws. In states with unique legal requirements, such as those related to environment or local governance, their role can expand. |
| Independence | The Attorney General cannot advise or represent any other organisation or individual if it’s against the Government of India. | Advocate Generals have a bit more leeway, as they can engage in private legal practice, provided it doesn’t conflict with the interests of the State Government they represent. |
| Resignation | When resigning, the Attorney General submits the resignation to the President of India. | Advocate Generals resign to the Governor of their respective states. Their resignations often come in the wake of political shifts or disagreements, as seen in states like Maharashtra |
| Right to Audience | Has the right to speak and take part in proceedings of both houses of Parliament but cannot vote. | They have the right to speak or participate in the proceedings of the State Legislature but cannot vote. |
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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April 26, 2024
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