Question

Consider the following statements regarding the Advocate General and compare to the Attorney General:
i. Both the Advocate General and the Attorney General are the highest law officers at their respective levels (state and union).
ii. Both hold office at the pleasure of their respective appointing authorities (Governor for AG, President for AGI).
iii. The qualifications for both involve experience as an advocate in a High Court for a specified number of years.
iv. The Constitution fixes a five-year term for both offices to ensure stability.

Which of the above statements is/are correct?

• A. Only i and ii
• B. Only i, ii, and iii
• C. Only iii and iv
• D. All statements are correct

Answer 1

Answer:

B. Only i, ii, and iii

Advocate General (AG) vs. Attorney General (AGI)

• Constitutional Position:

  • Both the Attorney General of India and the Advocate General of a State are the highest law officers.

  • The Attorney General is the highest law officer for the Union government.

  • The Advocate General is the highest law officer for the State government.

• Appointment and Tenure:

  • Both hold office during the pleasure of their appointing authority.

  • The Attorney General is appointed by the President and holds office during the President's pleasure.

  • The Advocate General is appointed by the Governor and holds office during the Governor's pleasure.

  • The Constitution does *not* fix a specific term for either office, making statement (iv) incorrect. This ensures flexibility but can also lead to political considerations influencing their tenure.

• Qualifications:

  • The qualifications required for both positions are similar, emphasizing legal expertise.

  • A person to be appointed as Attorney General must be a citizen of India and should have been a judge of a High Court for five years or an advocate of a High Court for ten years.

  • A person to be appointed as Advocate General must have been a judge of a High Court for five years or an advocate of a High Court for ten years.

  • Therefore, experience as an advocate in a High Court for a specified number of years is a common qualification, making statement (iii) correct.

• Role and Responsibilities:

  • Both advise their respective governments on legal matters.

  • They represent their respective governments in all cases in the Supreme Court (for AGI) and High Courts (for AG) in which the government is a party.

  • They also discharge other duties conferred on them by the Constitution or any other law.

• Constitutional Articles:

  • Attorney General for India: Article 76

  • Advocate General for a State: Article 165

• Distinction in Term: While both hold office