Advocate General of State

In this short law article, you will read about the Advocate General of State in India, who appoints him, his qualifications, duties and functions and term of office.

About the Advocate General of State

  • In India, the Advocate General of State is the highest law officer in that state.
  • The Advocate General of State is appointed under Article 165 of the Indian Constitution.
  • He also performs all other legal duties delegated to him by the State Governor.
  • Article 165 of Chapter 2 of Part VI of the Indian Constitution establishes the office of Advocate General for the states.

Appointment

1. On the advice of the state council of ministers, the Governor appoints the Advocate General of State.

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2. In order to be eligible for the position of Advocate General in India, a person must meet the following requirements:

Powers and Functions

These are the powers and functions of the Advocate General of State:

  • The Advocate General of the state possesses all of the rights and benefits that come with being a member of the state legislature.
  • To give advice to the state government upon such legal matters that the Governor refers to him for.
  • While performing his official duties, he has the right to appear in any court of law in the state.
  • He is obligated to perform the duties and fulfil the functions set forth in the Constitution and in any other constitutional laws.
  • In addition, he is entitled to address both Houses of the state legislature as well as any committee to which he may be appointed. However, he is not allowed to cast a vote during these proceedings.

Term and Removal

These are the points related to the term and removal of Advocate General of State:

  • In India, the tenure of the Advocate General is not fixed by the Constitution. He holds the position till the Governor’s pleasure expires.
  • The Constitution does not provide the procedure or circumstances for removing the Advocate General of State. The Governor has the authority to remove him or her at any moment.
  • He may also resign from his position by delivering a letter of resignation to the Governor.

Limitations

There are a few restrictions imposed on the Advocate General of State that he should be aware of in order to avoid a conflict of interest:

  • To avoid conflicts of interest and problems, the Advocate General of a State is subject to specific limitations.
  • The Advocate General should not offer advice or make a case on behalf of state government officials.
  • Without state government approval, the Advocate General cannot represent the accused in criminal proceedings.
  • Without the consent of the state government, the Advocate General cannot be nominated as a director in any company or organisation.

Conclusion

  • The state executive comprises Governors, the Chief Minister, the Council of Ministers, and the State’s Advocate General.
  • The Advocate General of the State is regarded as the state’s top legal officer.
  • The position of Advocate General plays a key role in the day-to-day operations of the state governments within India’s federal system. The responsibilities and objectives of the Advocate General’s office of State are similar to those of the country’s Attorney General.

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Sravani Ravinuthala
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