Differences between Attorney General of India and Advocate General of State

Article 76 provides for the post of Attorney General of India who is the chief law advisor of Indian Government whereas Article 165 provides for the post of Advocate General of State who is the chief legal advisor of the State Government.

In this article we will see how the post of Attorney General of India differs from the post of Advocate General of State. We will try to find out the difference between Article 76 and Article 165.


Attorney General of India (Article-76) vs Advocate General of State (Article-165)

Following are the differences between Attorney General of India and Advocate General of State:


1) The post of Attorney General of India is defined under Article 76 in the Constitution of India where as post of Advocate General of State is defined under Article 165.


2) Attorney General of India forms a part of Central Government or Union Executive where as Advocate General of State forms part of State Executive or State Government.


3) Attorney General of India is appointed by the President of India on the advice of Union Council of Ministers whereas Advocate General of State is appointed by the Governor of the state on the advice of State's Council of Ministers.


4) The term of office of both Attorney General of India and Advocate General of State is not fixed by the Constitution but Attorney General of India holds office during the pleasure of the President whereas Advocate General of State holds office during the pleasure of the State's Governor.


5) The procedure and grounds for the removal of both Attorney General of India and Advocate General of State is not defined in the Constitution but Attorney General of India can be removed from the post at any time by the President of India whereas Advocate General of State can be removed from the post at any time by the State's Governor.


6) Attorney General of India can resign from the post by submitting his resignation to the President. As a convention, Attorney General of India generally resigns from the post when Union Council of Ministers resign or are replaced.

Advocate General of State can resign from the post by submitting his resignation to the Governor of the State. As a convention, Advocate General of State generally resigns from the post when State Council of Ministers resign or are replaced.


7) The qualification for Attorney General of India is same as a judge of a Supreme Court where as for the Advocate General of State, the qualification is same as a judge of a High Court.


8) The remuneration of both Attorney General of India and Advocate General of State are not fixed by the Constitution of India. For Attorney General of India, the remuneration is determined by the President of India whereas for Advocate General of State the remuneration is determined by the  Governor of the State.


9) Attorney General of India is the chief law officer or highest law officer of the Central Government whereas Advocate General of State is the chief law officer or highest law officer of the State Government.


10) Attorney General of India has the right of audience in all the courts across the country where as Advocate General of State has the right of audience in all the courts within the State.


11) Attorney General of India has the right to speak and take part in the proceedings of both the Houses of the Parliament where as Advocate General of State has the right to speak and take part in the proceedings of both the Houses of State Legislature.


12) Attorney General of India has no right to vote in the Parliament and Advocate General of State has no right to vote in the State Legislature.


13) The privileges and immunities enjoyed by Attorney General of India is same a Member of Parliament (MP) whereas Advocate General of State enjoys privileges and immunities same as a Member of Legislative Assembly (MLA).



Find a summary of all the differences between Attorney General of India and Advocate General of State below: 




Points
Attorney General of India
Advocate General of State
Article
Article-76
Article-165
Government
Part of Central Government or Union Executive
Part of State Government or State Executive
Appointment
By President
• On the advice of Union Council of Ministers
By Governor of the state
• On the advice of state's Council of Ministers
Term of Office
• Not fixed by the Constitution.

• Holds office during the pleasure of the President
• Not fixed by the Constitution.

•  Holds office during the pleasure of the Governor.
Procedure and grounds for his removal
Not defined in the constitution.

• Can be removed by the President at any time.
Not defined in the constitution.

• Can be removed by the Governor at any time.
Resignation
Submitted to President

•  Conventionally resigns when Union Council of Ministers resigns or is replaced
Submitted to Governor

•  Conventionally resigns when State's Council of Ministers resigns or is replaced
Qualifications
Same as a judge of Supreme Court
Same as a judge of High Court
Remuneration
Not fixed by Constitution

• Determined by President
Not fixed by Constitution

• Determined by Governor
Chief Law Officer or Highest Law Officer
Of Union Government
Of State Government
Right of audience in court
All courts within the territory of India.
All courts within the territory of the State.
Right to speak and take part in proceedings
• Of both the houses of parliament

• Any committee of the Parliament of which he may be named a member
• Of both the houses of State legislature.

• Any committee of the State legislature of which he may be named a member
Right to vote
No right to vote in Parliament
No right to vote in State legislature
Privileges and immunities
Same as a member of   Parliament
Same as a member of State legislature
Duties and Functions
1) Advice Government   of India upon such legal matters, which are referred to him by the President.

2) Perform such other duties of a legal character that are assigned to him by the President.

3) Discharge the functions conferred on him by the Constitution or any other law.
1) Advice state government upon legal matters which are referred to him by the Governor,

2) Perform other duties of legal character which are assigned to him by the   Governor,

3) Discharge the functions conferred on him by the Constitution or any other law.



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