Advocate General of State – UPSC

Article 165 under Part VI of the Indian Constitution provided for the office of the Advocate General of the State. An advocate general is a legal advisor to the State Government. He assists the State Government in all of its legal matters. He is the highest law officer in the State, thus, corresponds to that of the Attorney General of India at the Union level.

Appointment of the Advocate General of the State

• The Governor of the State appoints the Advocate General of State on the advice of the State Government (council of ministers).

• Governor appoints a person as Advocate General who is qualified to be appointed as a judge of the High Court, which means:
  • He should be an Indian citizen.
  • He should have held a judicial office (an office within judicial service of the State) for ten years or been an advocate of a High Court for ten years.

Term of office

• The Constitution of India does not fix the term of office of the Advocate General.
• He holds office during the pleasure of the Governor, which means the Governor can remove him at any time.
• The Indian Constitution does not contain the procedure and grounds for his removal.
• An advocate general can also quit his office by submitting his resignation to the Governor.
  • Conventionally, he resigns when the State Government (council of ministers) resigns or is replaced, as he is appointed on its advice.

Remuneration

• The Constitution of India does not fix the remuneration of the Advocate General of State.
• The Advocate General receives such remuneration (salary) as determined by the Governor. It varies according to the States.

Duties and Functions

As a chief law officer of the State Government, the Advocate General of the State had to perform the following duties:

• He gives advice to the State government upon such legal matters, which are referred to him by the governor.
• He performs such other duties of a legal character, which are assigned to him by the governor.
• He discharges the functions conferred to him by the Indian Constitution and any other law.

Rights of the Advocate General

• An Advocate General has the right to appear before any court of law within the State while performing his official duties.
• Article 177 of the Indian Constitution deals with the rights of the Advocate General with respect to the Houses of State Legislature and its Committee.
  • An Advocate General has the right to speak and take part in the proceedings of each Houses of State Legislature but without a right to vote.
  • He also has the right to take part in the proceedings of any committee of State Legislature of which he named as a member, but without a right to vote.
• Article 194 of the Indian Constitution deals with the privileges and immunities of the Advocate General of State.
  • He enjoys all the privileges and immunities that are available to a member of the State Legislature.

Limitation on the Advocate General of the State

There are certain limitations placed on the Advocate General of State to avoid any complication and conflict of interest, which are as follow:

• He should not advise or hold a brief against the State Government.
• He should not defend the accused person in criminal prosecution without the permission of the State Government.
• He should not accept an appointment as a director in any company or corporation without the permission of the State Government.

Important Articles related to the Advocate General of the State

Articles	Details
Article 165	Office of the Advocate General of the State
Article 177	Rights of the Advocate General of State with respect to the Houses of State Legislature and its Committee
Article 194	Powers, privileges, and immunities of the Advocate General

FAQs on Advocate General of State

Also Read: Attorney General of India