Advocate General of the State in India


Advocate General of the State in India

A State’s Advocate General is a constitutional post and jurisdiction properly named as provided for in Article 165 of India’s Constitution.

The Advocate General’s jurisdiction and the role is also stated in the Indian constitution according to Article 165 & 177.

Attorney General becomes the state’s chief legal officer.

 

Appointment:

Upon the advice of the chief minister, the governor appoints the state’s advocate general.

This advice is binding on the governor as provided for in Article 105 of the Constitution.

A person fit to be appointed as a high court judge is eligible to be named as the state’s Advocate General.

But this element of requirement should be understood narrowly, i.e. a person can not be named as a judge of the High Court if he is over the age of 62, while in the case of the appointment of the Advocate General this overall age limit may not be valid.

 

Tenure of Service:

The Advocate General has no set term of duty; he assumes office at the Governor’s pleasure.

It means the Governor will replace him at any moment.

The government of the state relies on its advice in matters of legal character; hence he/she must be an individual enjoying the confidence of government of the state.

Each Minister and the Advocate-General for a State shall have the freedom to talk and engage otherwise in the sessions of that State’s Legislative Assembly or, in the case of a State having a Legislative Council, both Bodies.

He can speak and participate in the proceedings of any Committee of the Legislative Assembly of which it may be a member but which it may not be a member.

The Advocate General and his law officers are basically employed by the State Government in dealing with court proceedings in the High Court, and the arrangement between the government and the law officers is that of a client and lawyer.

The Advocate General and his staff represent and safeguard the State Government’s interest, and provide invaluable legal advice to the State Government in formulating its policies and implementing its decisions.