Introduction

• Article 165 of the Constitution of India, 1950 (COI) has provided for the office of the Advocate General for the States.
• He is the highest law officer in the State and corresponds to the Attorney General of India.

What is Article 165 of the Constitution of India?

• The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.
• 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 referred or 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.
• The Advocate-General shall hold office during the pleasure of the Governor and shall receive such remuneration as the Governor may determine.

How is the Advocate General for State Appointed?

• Appointment:
  • The Governor appoints a person qualified to be appointed as a Judge of a High Court.
  • Unlike the Attorney General of India, who represents the Union Government, the Advocate General represents the state government in legal matters.
• Qualifications:
  • He must be qualified to be appointed a judge of a High Court.
  • In other words, he must be a citizen of India and must have held a judicial office for ten years or been an advocate of a high court for ten years.

What is the Term of the Office of the Advocate General for State?

• The term of office of the Advocate General is not fixed by the COI.
• The COI does not contain the procedure and grounds for his removal.
• He holds office during the pleasure of the Governor.

What is Remuneration of the Advocate General for State?

• The remuneration of the Advocate General is not fixed by the COI.
• He receives such remuneration as the Governor may determine.

What are the Duties of the Advocate General for State?

• To give advice to the government of the State upon such legal matters which are referred to him by the Governor.
• To perform such other duties of a legal character that are assigned to him by the Governor.
• To discharge the functions conferred on him by the COI or any other law.

What are the Functions of Advocate General for State?

• Legal Advisor to the State Government:
  • The primary function of the Advocate General is to advice the state government on legal matters.
  • This includes providing legal opinions, interpreting laws, and guiding the government on matters of legislation and administration.
• Representation in Courts:
  • The Advocate General represents the state government in the High Court and other courts within the state.
  • They defend the state's interests, present arguments on behalf of the government, and participate in legal proceedings.
• Guardian of the Constitution:
  • The Advocate General also acts as a guardian of the Constitution within the state.
  • They ensure that the actions of the state government are in accordance with the provisions of the Constitution and uphold constitutional principles.
• Litigation Management:
  • The Advocate General oversees legal proceedings involving the state government.
  • They may engage with legal issues ranging from civil disputes to matters of public interest and constitutional interpretation.

What are the Rights of the Advocate General for State?

• In performing his official duties, the Advocate General is entitled to appear before any Court of law within the State.
• Under Article 177 of the Constitution, an Advocate General for the State 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.