Key Concepts & Self-Assessment20 Key Facts
Review key Attorney General vs Solicitor General: What Is the Difference? exam facts and rate your mastery to track revision.
Progress: 0/20 Rated 0 Mastered 0 Review Later
#1
The Attorney General for India is a constitutional authority established under Article 76 in Part V of the Constitution of India.
#2
The Solicitor General of India is a non-constitutional, executive office created under the Law Officers (Conditions of Service) Rules, 1987; the post is not mentioned in the Constitution.
#3
The Attorney General is the highest law officer in India, while the Solicitor General is the second-highest law officer of the Union Government.
#4
Appointment: The Attorney General is appointed by the President of India under Article 76(1) on the advice of the Union Council of Ministers.
#5
The Solicitor General is appointed by the Appointments Committee of the Cabinet (ACC) chaired by the Prime Minister.
#6
Qualifications: To be appointed Attorney General, a person must be qualified to be appointed a Judge of the Supreme Court of India.
#7
Supreme Court judge qualifications include: Indian citizenship, at least 5 years as a High Court judge, at least 10 years as an advocate in a High Court, or being a distinguished jurist.
#8
There are no rigid constitutional qualifications prescribed for the Solicitor General, who is appointed from senior, distinguished advocates of the bar.
#9
Article 88 Parliamentary Privilege: The Attorney General has the right to speak and participate in the proceedings of either House of Parliament, but CANNOT vote.
#10
The Solicitor General possesses NO right to address Parliament or participate in parliamentary proceedings under Article 88.
#11
Tenure: Under Article 76(4), the Attorney General holds office during the pleasure of the President; there is no fixed tenure in the Constitution.
#12
By constitutional convention, the Attorney General typically resigns when the Council of Ministers resigns or is replaced, as they are appointed on its advice.
#13
The Solicitor General is appointed for a specific fixed contractual term, typically three years, which can be extended by the Central Government.
#14
Right of Audience: Under Article 76(3), the Attorney General has the right of audience in all courts within the entire territory of India.
#15
The Solicitor General also represents the Union of India in courts, but does so as a statutory assistant without the explicit constitutional status of Article 76(3).
#16
The Attorney General is NOT a full-time government servant; they are not debarred from private legal practice, provided they do not advise or appear against the Government of India.
#17
The Attorney General cannot defend an accused person in criminal prosecutions without obtaining the prior permission of the Government of India.
#18
Remuneration: The Attorney General receives fees and retainership determined by the President of India, rather than a regular government civil servant salary.
#19
Motilal Chimanlal Setalvad (M.C. Setalvad) served as the first and longest-serving Attorney General of India (1950–1963).
#20
Chander Kishan Daphtary (C.K. Daphtary) was the first Solicitor General of India, serving from 1950 to 1963 before succeeding Setalvad as Attorney General.
Subject Specialist Commentary
Analytical perspective & practical exam advice from the Master10 academic board
The Attorney General for India and the Solicitor General are the top two legal advisers to the Union Government, but their constitutional status is very different. The Attorney General is a constitutional authority created under Article 76, serving as the highest law officer in the country. In contrast, the Solicitor General is an executive post created by administrative rules to assist the Attorney General, and the office is not mentioned anywhere in the Constitution of India.
In UPSC and State PSC exams, this topic generates tricky statement-based questions. Always remember that under Article 88, only the Attorney General has the parliamentary privilege to speak in either House of Parliament without the right to vote; the Solicitor General has no such privilege. A common prelims trap involves tenure: while the Attorney General holds office during the pleasure of the President, the Solicitor General is appointed on a fixed three-year contractual tenure.
Related Knowledge Topics to Discover
Looking for more GK practice?
Explore 52,789+ questions across 65 General Knowledge categories.