Under the Constitution of India Article 165 has provided for the office of
the advocate general for the states. He is the highest law officer in the state.
Thus he corresponds to the Attorney General of India.
Appointment and term of office of Advocate General of the state:
The advocate general is appointed by the governor. He must be a person who is
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.
The term of office of the advocate general is not fixed by the Constitution.
Further, the Constitution does not contain the procedure and grounds for his
removal. He holds office during the pleasure of the governor. This means that he
may be removed by the governor at any time. He may also quit his office by
submitting his resignation to the governor. Conventionally, he resigns when the
government (council of ministers) resigns or is replaced, as he is appointed on
its advice.
The remuneration of the advocate general is not fixed by the Constitution. He
receives such remuneration as the governor may determine.
Duties and functions:
As the chief law officer of the government in the state, the duties of the
advocate general include the following:
- 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 is assigned to
him by the governor.
- To discharge the functions conferred on him by the Constitution or any
other law.
In the performance of his official duties, the 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.
Articles Related to Advocate-General of the state under constitution of
India:
- Article 165:Â Advocate-General of the State.
- Article 177: Rights of Advocate-General as respects the Houses of State
Legislature and its Committee.
- Article 194: Powers, privileges and immunities of Advocate General.
Reference:
- Prof. Narender Kumar, Constitutional Law Of India, (Allahabad Law
Agency, Haryana 8th Edn., 2011).
- JAGRAN JOSH, Advocate General of the State  https://www.jagranjosh.com/general-knowledge/advocate-general-of-the-state-1437970051-1.
- Advocate General (India), https://en.wikipedia.org/wiki/Advocate_general_(India).
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