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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.
Remuneration
The Constitution sets no fixed remuneration for the advocate general. The governor determines their remuneration, allowing flexibility in compensation.
Question for Advocate General of IndiaTry yourself: What are the eligibility criteria for the appointment of an advocate general for a state?View Solution
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 Advocate General of India - Constitutional Law - CLAT PG
| 1. What is the role of the Advocate General of India? |  |
Ans. The Advocate General of India serves as the chief legal advisor to the government of India and represents it in the Supreme Court and High Courts. The Advocate General provides legal advice to the government and has the authority to appear on its behalf in legal proceedings.
| 2. What are the qualifications required to become the Advocate General of India? | |
Ans. To become the Advocate General of India, a candidate must be a citizen of India, hold a degree in law from a recognized university, and have experience in legal practice for a minimum of ten years. Additionally, the candidate must be well-versed in constitutional and administrative law.
| 3. What is the term of office for the Advocate General of India? | |
Ans. The Advocate General of India does not have a fixed term of office. The appointment is made by the President of India, and the Advocate General holds office during the pleasure of the President, meaning they can be removed at any time without cause.
| 4. What are the duties and powers of the Advocate General of India? | |
Ans. The Advocate General's duties include advising the government on legal matters, representing the government in court cases, and performing any other legal functions as assigned by the government. The Advocate General also has the power to grant opinions on legal questions referred by the government.
| 5. How is the Advocate General different from the Attorney General of India? | |
Ans. The Advocate General of India is the legal advisor for the state governments, while the Attorney General of India serves as the chief legal advisor for the central government. Both positions involve representing their respective governments in legal matters but operate at different levels of government.
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Dec 25, 2024 Last updated |
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