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Advocate General of state
An Advocate General is a senior law officer, usually charged with advising the courts or the government on legal matters. Article 165 of the Constitution provides for the office of the Advocate General of the State. He is the senior most law officer in the State and thus corresponds to the Attorney General of India.
An Advocate General is a senior law officer, usually charged with advising the courts or the government on legal matters. Article 165 of the Constitution provides for the office of the Advocate General of the State. He is the senior most law officer in the State and thus corresponds to the Attorney General of India.
Appointment and term
- The Advocate General is appointed by the Governor.
- He must be a person who is qualified to be appointed as a judge of the High Court.
- He must be a citizen of India and must have held a judicial office for ten years or must have been an advocate of a court for ten years.
- The term of office of the advocate general is not fixed by the Constitution.
- There is no procedure written in the Constitution over appointment or removal of the Advocate General.
- He enjoys the office only during the pleasure of the Governor.
- He can be removed from office anytime or can submit his resignation to the Governor.
- The remuneration of the Advocate General is not fixed by the Constitution.
- Advocate General receives his/her remuneration as per Governor’s prerogative.
Duties and functions
As the Chief Law Officer of the government in the State, the duties of the Advocate General include the following:
- To advice the Government of the State upon such legal matters referred to him by the Governor
- To perform such other duties of a legal character that is assigned to him by the Governor
- To discharge the functions conferred on him by the Constitution or any other law
With regard to his official duties, an Advocate General is entitled to appear before any court of law within the State. Further, he has the right to speak and to take part in the proceedings of both the houses of the State legislature or any committee of the State legislature of which he may be named a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a member of the State legislature.
