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Hyderabad: An important feature of the Constitution of India is its Supremacy; all laws, policies and actions of authorities should be within the framework of the Constitution.

In order to maintain the Supremacy of the Constitution, the executive and legislative organs of government require expert legal advice in discharging their law-making and decision-making functions and in the execution of laws and decisions.

The primary role of the Attorney General at the Centre and the Advocate General in the states is to give legal advice to the executive and the legislature.

Attorney General (Article 76)
1. Appointment: A.G is appointed by the President and holds office during the pleasure of the President. The tenure of office is also decided by the President and AG does not have both fixed tenure and security of tenure
2. Qualifications: Should be qualified to be a judge of the Supreme Court.
3. Salary: determined by the President
4. Powers and functions
i. Attorney General is the highest legal officer in the country and the chief legal advisor to the central government
ii. Attorney General appears before any court on behalf of the Central government and pleads the case
iii. Under Article 88, Attorney General will have the right to participate in Parliamentary proceedings, the Right to speak in Parliament and can be appointed as a member of any parliamentary committee but will not have the right to vote.

Advocate General (Article 165)
1. Appointment: AG is appointed by the Governor and holds office during the pleasure of the Governor. The tenure of office is also decided by the Governor and AG does not have both fixed tenure and security of tenure
2. Qualifications: Should be qualified to be a judge of the High Court.
3. Salary: determined by the Governor
4. Powers and functions
i. Advocate General is the highest legal officer of the state and the chief legal advisor to the state government
ii. Advocate General appears before any court on behalf of the Central government and pleads the case
iii. Under Article 177, Advocate General will have the right to participate in Legislative proceedings, the Right to speak in State Legislature and can be appointed as a member of any legislative committee but will not have the right to vote.

By Shikara Academy


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Author: Howard Caldwell