Advocate General of the State in India


The Advocate General of a State is a Constitutional post and authority duly appointed as per Article 165 of the Constitution of India.

The authority and function of the Advocate General is also specified in the Constitution of India under Article 165 & 177.

Advocate General is the Supreme law officer of the State.

Appointment—

On the advice of the Chief Minister, the Governor appoints the Advocate General for the State.

Such advice is binding on the Governor under Article 105 of the Constitution.

A person who is qualified to be appointed as judge of the High Court is qualified for the appointment as the Advocate General of the State.

But this aspect of qualification may be interpreted strictly, i.e. a person cannot be appointed as judge of the High Court if he is more than 62 years of age, whereas, this maximum limit of age may not be applicable in the case of appointment of the Advocate General.

 Tenure of Service—

The Advocate General has no fixed tenure of service; he holds office during the pleasure of the Governor.

This means that he may be removed by the governor at any time.

The State Government relies on his advice in matters of legal character; therefore he/she has to be a person who enjoys confidence of the State Government.

 

Every Minister and the Advocate-General for a State have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not be entitled to vote.

The Advocate General and his Law officers are basically engaged to deal with the court cases in the High Court by the State Government and the relationship between the Government and Law Officers is that of a client and counsel.

The Advocate General and his office defends and protects the interest of the State Government and gives invaluable legal guidance to the State Government in formulation of its policy and execution of its decisions.