The Office of Advocate General in India

Constitution of India

Part VI - The States, Chapter - II

The Advocate-General for the States

Article 165. Advocate-General for the State.

(1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.

(2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.

Explanation:

(1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.

This section specifies that in each state of India, the Governor has the authority to appoint an individual who meets the qualifications required to become a Judge of a High Court to serve as the Advocate-General for that state.

The Advocate-General is a legal officer who holds a significant position in the state's legal system and is responsible for providing legal advice to the state government.

(2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

This section outlines the primary responsibilities and duties of the Advocate-General:

Providing legal advice to the government of the state: The Advocate-General is required to offer legal guidance and counsel to the state government on various legal matters.

Performing other legal duties: The Advocate-General may be tasked with additional legal duties as assigned by the Governor. These duties can be of a legal nature and may encompass various legal issues.

Discharging constitutional and legal functions: The Advocate-General is responsible for fulfilling functions and responsibilities assigned to them by the Indian Constitution or any other laws that are currently in effect.

(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.

This section specifies the terms of the Advocate-General's appointment:

Tenure: The Advocate-General serves at the pleasure of the Governor, which means they can be removed from their position by the Governor at their discretion. This is in contrast to certain other positions that have fixed terms.

Remuneration: The remuneration (compensation) for the Advocate-General is determined by the Governor. This means that the Governor has the authority to decide the salary and benefits of the Advocate-General.

Advocate General for the states

Article 165 of the Indian Constitution establishes the position of Advocate General for the states. The Advocate-General is a legal advisor to the state government, appointed by the Governor, and their duties include providing legal advice, performing legal tasks assigned by the Governor, and fulfilling constitutional and legal functions. The Advocate-General's tenure is subject to the Governor's pleasure, and their remuneration is determined by the Governor.

Appointment

The Advocate General, a crucial legal officer in the state, is appointed by the governor. To be eligible for this position, the individual must meet certain qualifications stipulated by the Constitution. Specifically, they must be eligible to serve as a judge in a high court. In simpler terms, the Advocate General should be an Indian citizen and possess either a decade of experience in a judicial role or a decade of practice as an advocate in a high court.

Tenure

Notably, the Constitution does not prescribe a fixed term of office for the Advocate General. Equally, it does not provide a detailed procedure or grounds for their potential removal from this position. The Advocate General's tenure is at the governor's pleasure, implying that they can be relieved of their duties at the governor's discretion. Additionally, the Advocate General has the option to resign from their position by submitting a formal resignation to the governor. As a customary practice, the Advocate General typically tenders their resignation when the government, specifically the council of ministers, resigns or is replaced since their appointment is based on the advice of the government.

Remuneration

In terms of compensation, the Constitution does not specify a fixed or predetermined amount for the Advocate General. Instead, the responsibility for determining the Advocate General's remuneration rests with the governor. This means that the Advocate General's pay and other benefits are determined by the governor's decision. The Constitution grants flexibility in this regard, allowing the governor to adjust the remuneration as deemed appropriate for the Advocate General's role and responsibilities.

Duties and Functions

The Advocate General's role encompasses various critical responsibilities:

Legal Advice: As the chief legal officer of the government in the state, the Advocate General provides legal advice to the state government. This advice is pertinent to legal matters referred to them by the governor, ensuring that government actions are legally sound.

Execution of Legal Duties: The Advocate General performs a wide range of legal duties as assigned by the governor. These duties may include representing the state government in legal proceedings, drafting legal documents, and offering legal opinions on governmental actions.

Constitutional and Legal Functions: The Advocate General is responsible for discharging functions conferred on them by the Indian Constitution and any other prevailing laws. This includes upholding the legal integrity of government actions.

Rights and Privileges

In the course of their official duties, the Advocate General enjoys several rights and privileges:

Court Appearances: The Advocate General has the authority to appear before any court of law within the state. This allows them to represent the state government's legal interests in various legal proceedings.

Legislative Participation: The Advocate General is granted the right to participate in and speak during the proceedings of both Houses of the state legislature and any committees in which they hold membership. However, it's important to note that they do not possess the right to vote in these legislative proceedings.

Privileges and Immunities: The Advocate General is entitled to all the privileges and immunities available to a member of the state legislature. This ensures that they have legal protections and rights while fulfilling their role as the chief legal representative of the state government.

In essence, the Advocate General for states in India serves as a critical bridge between the state government and the legal framework of the nation. Their appointment, qualifications, and responsibilities are outlined in the Constitution, emphasizing the significance of their role in upholding the rule of law and ensuring the legality of government actions. The Advocate General's unique position grants them the authority to provide legal advice, execute legal duties, and participate in legislative proceedings, contributing to the robust functioning of the Indian state governments.