• UGI USER
  • Jun 04, 2024
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ADVOCATE GENERAL OF STATE

Introduction:

  • Article 165 of the Indian Constitution establishes the office of Advocate General of State, who is the state’s highest legal officer.
  • The Advocate General of State (A-G) is the highest legal advisor to the state government in India.
  • The A-G is appointed by the Governor of the state and holds office during the pleasure of the Governor.
  • The A-G must be a person who is qualified to be appointed as a Judge of the High Court.
  • The A-G is a highly respected figure in the state legal community and their appointment is seen as a sign of the state government’s commitment to the rule of law.

Appointment of Advocate General of State:

The Governor appoints the Advocate General of State on the recommendation of the state’s council of ministers. To be eligible for the position of Advocate General of State, a person must:

  • Be an Indian citizen.
  • Be eligible to be appointed as a judge of the High Court, which means meeting one of the following criteria:
    • Having more than 5 years of experience as a barrister.
    • Having more than 10 years of experience as a civil servant, including at least 3 years of experience as a servant in a Zila Court.
    • Having practiced law for more than 10 years in any high court.
  • Be less than 62 years of age, which is the age limit for High Court judges.

Term and Removal of Advocate General of State

  • The Advocate General of State in India serves at the Governor’s discretion, meaning there is no fixed term of office.
  • The Constitution of India does not specify the procedure or grounds for removing the Advocate General of State, who can be removed by the Governor at any time.
  • The Advocate General may resign from public office by submitting a letter of resignation to the state governor.

Functions

  • Advising the state government on all legal matters.
  • Representing the state government in court.
  • Conducting all litigation on behalf of the state government.
  • Drafting and revising legislation.
  • Settling terms and conditions of contracts to which the state government is a party.
  • Granting consent for the institution of criminal proceedings against public servants.
  • The A-G plays an important role in the state legal system and in the protection of the rule of law.
  • The A-G is an independent constitutional functionary and is not bound by the directions of the state government.

Limitations

  • The A-G serves at the pleasure of the Governor. This means that the Governor can remove the A-G from office at any time, without cause.
  • The A-G is accountable to the state legislature. This means that the A-G must answer questions from the state legislature about their work.
  • The A-G is subject to the rule of law. This means that the A-G must act in accordance with the law, and cannot give advice or take actions that are illegal.
  • The A-G plays an important role in the Indian legal system. The A-G ensures that the state government complies with the law and that its actions are constitutional. The A-G also plays a role in the development of state law by providing advice to the state government on the drafting and interpretation of legislation.