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Introduction
The Constitution (Article 165) establishes the position of the advocate general for the states, serving as the highest legal officer in the state. This role is analogous to the Attorney General of India.
Appointment and Term
The governor appoints the advocate general, who must be eligible for a high court judgeship. Specifically, the appointee should be an Indian citizen with ten years of judicial experience or ten years as an advocate in a high court.
Governor of state appoint State Advocate General
Terms of Office and Removal
- Term Duration: The Constitution specifies no fixed term for the advocate general's office.
- Removal: The Constitution lacks explicit provisions for removal procedures or grounds. The advocate general serves at the governor's pleasure, allowing removal at any time, and can also resign by submitting a resignation to the governor.
- Resignation Convention: Traditionally, the advocate general tenders resignation when the government (council of ministers) resigns or undergoes a change, as their appointment is based on its advice.
Question for Laxmikanth Summary: Advocate General of the StateTry yourself: What are the eligibility criteria for appointment as the advocate general for the states?View Solution
Remuneration
The Constitution sets no fixed remuneration for the advocate general. The governor determines their remuneration, allowing flexibility in compensation.
Duties and Rights
Duties
- Legal Advice: Provide legal advice to the state government on matters referred by the governor.
- Assigned Duties: Undertake other legal responsibilities assigned by the governor.
- Constitutional Functions: Fulfill functions conferred by the Constitution or any other law.
Participation and Rights
The advocate general, as the chief law officer of the state government, has the right to speak and participate in the proceedings of both Houses of the state legislature or any relevant committee, with the exception of voting rights. Additionally, the advocate general is entitled to all the privileges and immunities granted to a member of the state legislature.
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FAQs on Laxmikanth Summary: Advocate General of the State - Indian Polity for UPSC CSE
| 1. What is the role of the Advocate General of the State? |  |
Ans. The Advocate General of the State is the highest law officer of the state government. They represent the state government in legal matters and provide legal advice. They also represent the state government in the High Court and other courts.
| 2. How is the Advocate General appointed and for how long is their term? | |
Ans. The Advocate General is appointed by the Governor of the state. Their term is not fixed and they hold office during the pleasure of the Governor.
| 3. What are the duties of the Advocate General? | |
Ans. The Advocate General has several duties, including representing the state government in legal matters, providing legal advice to the government, appearing in court on behalf of the government, and assisting the government in framing laws and policies.
| 4. What are the rights of the Advocate General? | |
Ans. The Advocate General has the right to speak and take part in proceedings of the state legislature, but they do not have the right to vote. They also have the right to be heard in any court in which the state government is a party.
| 5. Can the Advocate General be removed from office? | |
Ans. Yes, the Advocate General can be removed from office by the Governor if they deem it necessary. However, the Governor must follow the due process of law and give the Advocate General an opportunity to be heard before removing them from office.
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