Vartika Johri
The Constitution of India has allocated various Offices held by law officers for the smooth execution of law within a particular state. The makers of the constitution were very careful about the decentralisation of powers because this is what builds the strong foundation for the safe and better living of the citizens.
Various carefully embedded articles enclosed in the constitution of India has till date proved to be very important and the efficient and effective with the legislation of the state.
ADVOCATE GENERAL
Article 165 of the Constitution enunciates about Advocate General for the State who is the highest law officer in the state and is responsible to assist the government’s legal matters, the office of the Advocate General in state corresponds to the office of Attorney General of India. The Governor of each State shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State.
The constitution is silent on the tenure, removal and remuneration of Advocate General it depends on the Governor of the state.
In India, an advocate general is a legal advisor to a state government. The post is created by the Constitution of India and corresponds to that of Attorney General of India at the central-level. The Governor of each state shall appoint a person who is qualified to be appointed judges in high court. There is no fixed term of office and no upper-age-limit mentioned for the Advocate general.
Duties and Functions
- He gives advice to the government of the state upon such legal matters, which are referred or assigned to him by the governor.
- He performs such other duties of a legal character that are referred or assigned to him by the governor.
- He discharges the functions conferred on him by or under the Constitution or any other law.
Rights
- In the performance of his official duties, he has the right of audience in any court in the State.
- He has the right to speak or to take part in the proceedings of state legislature, but without a right to vote.
- He has the right to speak or to take part in the meeting of any committee of the state legislature of which he is named as a member, but without a right to vote.
- He enjoys all the privileges and immunities that are available to a member of the state legislature.
Article 177 of the constitution articulates “Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote”
The Supreme Court in light to this article says the Advocate General is conferred with the right to audience before legislature of state in the assembly and the council and the office of Advocate General is exalted and he is the supreme law officer of the state, which made the AG in par with the Ministers of the state.
Article 177 of the Constitution was always confused at times as considering the fact that the Advocate General is the most powerful law officer there were couple of cases related to the description of the powers, authorities and relationship of the law officer with the Government, in Jogindra Singh Wasu v. State Of Punjab the Supreme Court held that the Advocate General and his Law officers are basically engaged to deal with court cases in the High Court by State Government and the relationship between the Government and Law Officers is that of a client and counsel.
Moreover, in State of U.P. & Others v/s U.P. State Law Officers Associations & others, The Advocate General and his office defends and protects the interest of State Government and gives invaluable legal guidance to the State Government in formulation of its policy and execution of its decisions.
ATTORNEY GENERAL
Article 76 articulates about the need of an Attorney General for the country who will function from the centre, The Attorney General of India is a part of the Union Executive and serves as the highest law officer in the country and also is the primary lawyer representing Union Government in the Supreme Court of India.
The Attorney General, like an Advocate General of a State, is not supposed to be a political appointee. President of India appoints a person who is qualified for the post of Supreme Court Judge. There are the following qualifications:
- He should be an Indian Citizen
- He must have either completed 5 years in High Court of any Indian state as a judge or 10 years in High Court as an advocate
- He may be an eminent jurist too, in the eye of the President
As similar to the Advocate General there is no fixed tenure for the Attorney General, the person appointed serves the country as per the need of the President of the Country, there is no procedure for removal too.
Being the Chief Law Officer of the country, the Attorney General of India has to perform the following duties:
- Whichever legal matters are referred to him by the President, he advises the Union government upon the same.
- President keeps on referring him legal matters that suits his interest and Attorney General has to advise on those too
- Apart from what President refers, he also performs the duties mentioned in the Constitution
- The three duties that are assigned to him by the President are:
- In any legal case where the government of India is related to, the Attorney General has to appear in the Supreme Court on its behalf
- He has to represent the Union Government in any reference made by the president to the Supreme Court under Article 143 of the Constitution
- He also appears in the High Court if any case is related to the Government of India.
Moreover, the Attorney General is also eligible to attend the proceedings of the Indian Parliament and has an equal voting right, the amendment and enforcement of laws is also one of the duties assigned for the Attorney General of the Country.
REFRENCES.
