ADVOCATE GENERAL OF THE STATE

INTRODUCTION

  • The Constitution (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

  • The advocate general is appointed by the governor. He must be a person whois qualified to be appointed a judge of a high court. In other words, he mustbe a citizen of India and must have held a judicial officefor ten years orbeen 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 hisremoval. He holds office during the pleasure of the governor. This means thathe may be removed by the governor at any time. He may also quit his officeby submitting his resignation to the governor. Conventionally, he resignswhen the government (council of ministers) resigns or is replaced, as he isappointed 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:
1. To give advice to the government of the state upon such legal matters
which are referred to him by the governor.
2. To perform such other duties of a legal character that are assigned to himby the governor.
3. 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 andimmunities that are available to a member of the state legislature

 

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