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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