Attorney General of India
The Attorney General of India is a constitutional position, serving as the chief legal advisor to the Government of India. Here's some information about the appointment, removal, function, and role of the Attorney General of India:
Appointment:
The Attorney General of India is appointed by the President of India on the advice of the Union Cabinet of ministers. The person appointed must be a citizen of India and qualified to be a Supreme Court judge, i.e., they must either be a judge of a High Court for five years or an advocate in a High Court for 10 years or an eminent jurist in the President's opinion.
Removal:
The Attorney General holds office during the pleasure of the President. This means that they can be removed by the President at any time. There is no specific procedure or grounds for removal mentioned in the Constitution.
Function and Role:
The Attorney General's primary role is to advise the Government of India on legal matters referred to them by the President¹²⁵. They also perform other legal duties assigned to them by the President¹. The Attorney General has the right of audience in all Courts in India and the right to participate in the proceedings of the Parliament, though they do not have the right to vote¹. They appear on behalf of the Government of India in all cases (including suits, appeals, and other proceedings) in the Supreme Court in which the Government of India is concerned.
Advocate General of India
The Advocate General of a state in India is a constitutional position, serving as the chief legal advisor to the state government. Here's some information about the appointment, removal, function, and role of the Advocate General of a state:
Appointment:
The Advocate General is appointed by the Governor of the state on the advice of the council of ministers of the state. The person appointed must be a citizen of India and qualified to be a High Court judge, i.e., they must either be a judge of a High Court for five years or an advocate in a High Court for 10 years.
Removal:
The Advocate General holds office during the pleasure of the Governor. This means that they can be removed by the Governor at any time. There is no specific procedure or grounds for removal mentioned in the Constitution.
Function and Role:
The Advocate General's primary role is to advise the state government on legal matters referred to them by the Governor. They also perform other legal duties assigned to them by the Governor. The Advocate General has the right of audience in all Courts in the state and the right to participate in the proceedings of the state legislature, though they do not have the right to vote.
Please note that the Advocate General of a state should not be confused with the Attorney General of India, who is the chief legal advisor to the Government of India. The Advocate General serves at the state level, while the Attorney General serves at the national level.
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