Who is the Law Officer of the Union Government?

Concept

In the constitutional scheme of the Union, a "law officer" is a legal functionary appointed to advise and represent the Government of India in legal matters. Article 76 of the Constitution creates the office of the highest law officer of the Union, who serves as the chief legal advisor to the Government of India and represents it before the Supreme Court.

Application

The office described by Article 76 is the Attorney General for India. The Attorney General is appointed by the President, must be qualified to be a Supreme Court judge, advises the Government on legal questions referred to them, and appears on behalf of the Union in cases before the Supreme Court and High Courts. This makes the Attorney General the principal law officer of the Union Government.

Contrast

• Solicitor General: a deputy law officer who assists in conducting government litigation; a supporting post rather than the principal legal representative of the Government.

• Chairman, Law Commission: heads an advisory body that studies and recommends reforms in law; it does not advise or represent the Government in court.

• Law Secretary, GOI: a senior civil servant heading the Department of Legal Affairs in the administrative hierarchy; an executive functionary who runs legal administration, not the legal advisor-representative of the Union.

Cross-check: only the Attorney General is the office instituted by Article 76 as the Union's chief legal advisor and courtroom representative, which is exactly what "the Law Officer of the Union Government" denotes.