Laxmikanth Summary: Advocate General of the State | Indian Polity for UPSC CSE PDF Download

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.

Remuneration

The Constitution sets no fixed remuneration for the advocate general. The governor determines their remuneration, allowing flexibility in compensation.

Duties and Rights

Duties

1. Legal Advice: Provide legal advice to the state government on matters referred by the governor.
2. Assigned Duties: Undertake other legal responsibilities assigned by the governor.
3. 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.