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Highest Law Officer of the Union and States

Senior advocateR Venkataramani has been appointed as the new Attorney General of India for period
a of
three years.
As per Article 76(2) of the Constitution, the Attorney General of India shall hold officeduring the pleasure
of President. The term of office of Attorney General is not specifically mentioned in the Constitution of
India. Here the question arises on what basis, Senior Advocate R. Venkataramani has been appointed as the
new Attorney General of India for a period of 3 years?Whether Attorney General of India may be appointed
for a period of fixed term?
All these things are discussed in this Article.
Before going to the term ofAttorney General of Indiaand Advocate General of State
, we should know who is
Attorney General of India and Advocate General? How are theyappointed? And what are the qualificatio
ns of
Attorney General of India and Advocate General of State?
Who is the Attorney General of India and Advocate General of State?
The Attorney General of India is the Highest Law Officer of the Country and also the Chief Legal A
dvisor to
the Government of India. The post of Attorney General of India is provided underArticle 76 of the
constitution of India and hence is a constitutional post.
On the other hand, the Advocate General is theHighest Law Officer and Chief Legal Advisor of State. The
post of Advocate General is also mentioned underArticle 165 of the Constitution and hence is a
constitutional post.
Eligibility for the appointment of Attorney General and Advocate General of State
Under Article 76(1), the Attorney General is appointed by the President of India. The person to be appointed
as Attorney General must be qualified to be appointed as a judge of the Supreme Court underArticle 76(3)
of the Constitution of India.
On the other hand, according to Article 165(1) the Governor of each State shall appoint a person who is
qualified to be appointed a judge of a High Courtto be Advocate-General for the State.
Term of Office of Attorney General of India and Advocate General of State
According to Article 76(4) the Attorney General of India shall hold office during thepleasure of President.
The term of office of Attorney General of India is not mentioned in the Constitution of India. But he may be
appointed for a fixed term of 3 yearsas per the Law Officers (Conditions of Service) Rules, 1972.
The term of office of Advocate General is also not mentioned in the Constitution.According to Article
165(3) the Advocate General of State shall hold office during the
pleasure of the Governor.
Powers and Functions of Attorney General and Advocate General of State
Under Article 88, the “Attorney-General of India shall have theright of audience in all Courts in the
territory of India. He has right to speak and take part in the proceedings of, either House, any joint sitting of
the Houses, and any committee of Parliament of which he may be named a member. However, he shall not
by virtue of this article be entitled to vote in the House.
Also, the Attorney General of Indiais not, like the Attorney General of England and few other countries. In
England office of Attorney General is a Political post, he holds office as a member of Cabinet.

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According to Article 165(2) of the Constitution, it shall be the duty of the Advocate General to give advice to
the Government of the State upon such legal matters, and to perform such other duties of a legal character, as
may from time to time be referredor assigned to him by the Governor, and to discharge the functions
conferred on him by or under this Constitution or any other law for the time being in force
.
Advocate General in State, has full right to appear in any court of the state. He cannot vote inany
proceedings of the houses of the state legislature or any committee initiated by the state legislature. He though
has a right to speak and be a part of such proceedings.
Privileges and Immunities of Attorney General and Advocate General of State
Attorney General of India is entitled to all the privileges and immunities as a Member of Parliament under
Article 105(3) of the Constitution of India.
According to Article 194 of the Constitution Advocate General of State shall enjoy all the privilegesnda
immunities that are available to a member of the State Legislature.
Limitations on the powers Attorney General of India and Advocate General of State
According to the Law Officer (Conditions of Service) Rules, 1972, there are few limitations on theAttorney
General which he should keep in mind while performing his duties. The limitations are as follows:
 He should not advise or hold a brief against the Government of India
 He should not advise or hold a brief in cases in which he is called upon to advi
se or appearexcept for
the Government of India
 He should not defend accused persons in criminal prosecutions without the permission of the
Government of India
 He should not accept appointment as a director in any company or corporation without the
permission of the Government of India
Limitations on the powers ofAdvocate General of States are as follows
-
 The Advocate General should not advise or hold a brief against the State Government.
 He/she should not advise or hold a brief in cases in which he is cal
led upon to advise or appearexcept
for the Government of the State.
 The Advocate General should not defend the accused person in criminal prosecutions without the
permission of the State Government.
 He/she should not accept an appointment as director in any company or corporation without the
permission of the State Government.
Procedure and Grounds for Removal of Attorney General and Advocate Generalof State
There is no grounds and procedure for removal of the Attorney General of India in the Constitution
. He may
be removed by the President at any time. Since he is appointed by the President on the advice of the Council
of Ministers, conventionally he is removed when the council is dissolved or replaced. He can quit by
submitting his resignation only to the President.
The procedure and grounds for removal of the Advocate General of State is also not specifically mentioned in
the Constitution. He may be removed by Governor at any time. Also, the Constitution does not fix the
remuneration of the Advocate General and he/she receives such remuneration as the Governor may
determine.

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