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Attorney General of India and Advocate General of State
Attorney General
- Attorney General of a subject under Union List.
- This is under Part V of Indian Constitution.
- Concept of Attorney General has been borrowed form United Kingdom
- Attorney General is mentioned under article 76 of Indian Constitution.
- Attorney General enjoys the rank of an ordinary Member of Parliament.
- Attorney General is the highest legal adviser of Union Government
- Attorney General is the first law officer of the Union Government.
- The condition of office of Attorney General is determined by President of India.
- Essential Qualification of office of Attorney General is same as the judge of Supreme Court.
- Conventionally the new Government choose Attorney General by its own choice.
- Attorney General draws a monthly salary of Rs 90,000 per month. (same as the judge of Supreme Court)
- Salary of the Attorney General shall be determined by the President
- Salary of the Attorney General charged from the Consolidated Fund of India.
- Attorney General of India is appointed by President on the recommendation of Prime Minister under article 76.
- Duration of office of Attorney General depends upon the pleasure of President.
- Normal retirement age of Attorney General of India- No upper age limit.
- The resignation letter of Attorney General of India shall be submitted to the President.
- The oath or affirmation of Attorney General of India- shall be administered by the President.
- Attorney General can be removed by the President of India on the grounds of proved misbehaviour.
- Attorney General can participate in the proceedings of Parliament and he can make any speech or statement but he can’t participate in the voting procedure of Parliament under article 88.
- Attorney General isn't member of Parliament.
- The chief function of Attorney General is to give legal advice to the Union Government in the cases in which he is asked to or concerned.
- If any international dispute arises between Government of India in one hand and one or other International states on the other. Attorney General is the legal officer entitled to represent India in the International court of law.
- Attorney General performs any legal duties assigned by the President.
- Attorney General advises the Government of India on any legal matter.
- First Attorney General of India- M. C. Setalvad (28 Jan, 1950- 1 Mar, 1963)Prime Minister - J.L. Nehru
- Attorney General is assisted by Solicitor General and four additional Solicitor general related to financial matters .
- Solicitor General is the second law officer of Government of India, duration of Solicitor General is 3 years.
- First Solicitor General of India- C. K. Daphtary
Advocate General of State
- Advocate General is a subject under State list.
- Concept of Advocate General is borrowed form United Kingdom.
- The part which deals with the Advocate General is Part VI
- Advocate General of State comes under article 165 of Indian constitution
- Advocate General enjoys the rank of an ordinary Member of Parliament.
- The condition of office of Advocate General shall be determined by Governor of State.
- The essential qualification of Advocate General of a State is same as judge of High Court.
- Conventionally the new government appoints Advocate General of its own choice.
- Advocate General of a state is appointed by Governor on the recommendation of the Chief Minister of the concerned state under article 165.
- Duration of office of Advocate General depends upon the pleasure of Governor of State.
- Normal retirement age of Advocate General is- no upper age limit
- Advocate General performs any legal duties assigned by the Governor of the concerned state.
- Advocate General advises the state government about legal matters.
- The chief function of Advocate General is to give legal advise to state in which the state is concerned.
- The resignation letter of Advocate General shall be submitted to the Governor of the concerned state.
- The oath and affirmation shall be administered by the Governor of concerned state.
- Advocate General can be removed by the Governor on grounds of proved misbehaviour.
- Advocate General can participate in the proceedings of the state legislature and make speech or statement but he can't participate in the voting under article 177.
- Advocate General isn't a member of State Legislature.
- Advocate General draws a monthly salary of Rs 80000 per month, same as judge of High Court.
- Salary of the Advocate General is charge from the Consolidated Fund of the State.
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