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Attorney general of India and Advocate general of state Explained for UPSC

 If you watch the whole video then you don't need to study

Chapter 52 - Attorney General of India

Chapter 53 - Advocate general of the state

 

In End, I will tell you an interesting trick to remember articles for AGI and AGS.

 

 

This question can be solved easily if you have basic knowledge about the Attorney general and Solicitor general of India.

 

Union executive

vs

State Executive

Part 5

 

Part 6

P+VP+PM+UCM+Attorney GI

 

G+CM+SCM+Advocate GS

 

 

 

Consider the following statements :- UPSC pre 2022

1. Attorney General of India and Solicitor General of India are the only officers of the Government who are allowed to participate in the meetings of the Parliament of India.

 

2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns.

Which of the statements given above is/are correct?

(a)        1 only

(b)        2 only

(c)        Both 1 and 2

(d)        Neither 1 nor 2

 


Solution 


D



 

 

Basis

Attorney General of India [AGI]

Advocate General of the State[AGS]

Constitution part and Article

Part 5 , Article 76

6/165

Highest law officer

India

State

Appointed by

P

G

Qualification

[Qualified to be the judge 

of ]

SC

[i.e Citizen+5 year judge of HC/10-year advocate of HC/Eminent jurist in P opinion]

HC

[i.e Citizen + held Judicial office for 10 years / Advocate of HC for 10 years]

[Note - Eminent jurist pt. not valid]

 

Term, removal procedure and Remuneration

Not fixed by the constitution

[Article 76: AG shall hold office during the pleasure of the President. So Attorney General need not resign if the government resigns.]

 

P to G

General Duties

1. Advice GOI on legal matters

[referred by P]

2. duties of legal character assigned to him by P

2. Duties by P/C/law

P to G, GOI to GOS

Duties assigned by

P

1. To appear on GOI behalf in all cases in SC[but in HC when required by GOI] in which GOI concerned

2. Represent GOI in any reference made by P to SC U/A 143[Power of P to Consult SC]

 

Rights

In the performance of his official duties, the Attorney General has

the right of the audience in all courts in the territory of India.

Any court of law within the state.

 

RT speak, take part but not vote

1. proceedings of both the Houses

2. Joint sitting

3.any committee of the Parliament of which he may be named a member

 Same for AGS

Privileges

and immunities

Available to MP

Member of the state legislature

 

Article 88: Attorney General of India shall have the right to speak and participate in either House but without the right to vote. No mention of the Solicitor General of India.

 

Note - Judicial office - This means an office within the judicial service of the state. Eg- Subordinate court [use common sense]

 

Limitation for AGI

 

1. Can not advise or hold a brief against GOI

2. Not defend the accused in criminal prosecution W/O the approval of GOI.

3. Not accept appointment as a director in any

company or corporation W/O permission from GOI

 

4. Not advise any ministry or department of GOI or any

statutory organization or any PSUs unless the proposal or a reference

in this regard is received through the Ministry of Law and

Justice, Department of Legal Affairs.

 

Is AGI can Do private legal practice?

 

yes, because  AGI is not a full-time counsel for the

Government. 


He does not fall into the category of a government servant. 


 

 

SOLICITOR GENERAL OF INDIA

 

1. Assist AGI

2.A.76 mentions only AGI. So, SGI is not mentioned in the constitution.[so, not a constitutional body]

3. AGI and SGI are not members of the Central cabinet. There is a

separate law minister in the Central cabinet to look after legal matters at the government level.

 

Finally, we are done

 

And it is the time For the trick

 

AG 7-6 कितना होता है - बीवी नंबर 1




AGS = 76+89 = 165

 

Let's revise the concept using the Question...

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