Advocate General of State

Advocate General of State

The Advocate General of a State is a Constitutional post and authority duly appointed as per ARTICLE 165 of the Constitution of India.
The authority and function of Advocate General is also specified in the Constitution of India under Article 165 and 177.

Article 165: Advocate General for the State

The Governor of each State shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State.
It shall be the duty of the Advocate General to give advice to the Government of concerned 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.
The Advocate General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the governor may determine

Article 177

Every Minister and the Advocate-General for a State shall have the right to speak-in, and otherwise take part in the proceedings of Legislative Assembly of the State or in case of a State having a Legislative Council; Both Houses, and to speak-in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member but shall not; by virtue of this Article, be entitled to vote.

Appointment and Term of Advocate General of a State

The advocate general is appointed by the governor. He must be a person who is qualified to be appointed a judge of a high court. In other words, he must be a citizen of India and must have held a judicial office for ten years or been an advocate of a high court for ten years.
The term of office of the advocate general is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal.
He holds office during the pleasure of the governor. This means that he may be removed by the governor at any time.
He may also quit his office by submitting his resignation to the governor. Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.
The remuneration of the advocate general is not fixed by the Constitution. He receives such remuneration as the governor may determine

Duties and Function of Advocate General of a State

As the chief law officer of the government in the state, the duties of the advocate general include the following:

To give advice to the government of the state upon such legal matters which are referred to him by the governor.
To perform such other duties of a legal character that are assigned to him by the governor.
To discharge the functions conferred on him by the Constitution or any other law.

In the performance of his official duties, the advocate general is entitled to appear before any court of law within the state.
Further, he has the right to speak and to take part in the proceedings of both the Houses of the State Legislature or any committee of the state legislature of which he may be named a member, but without a right to vote.
He enjoys all the privileges and immunities that are available to a member of the state legislature.
The Advocate General appears in important constitutional and other cases before the High Courts, Supreme Court, Water Disputes Tribunal etc. and defends the action of the State Government. The Advocate General advices the Government in matters which are referred to him by the Government. The Advocate General is also the Head of the Department of the Office of the Advocate General.

Example of Advocate General role or other information like in Karnataka State

Functions: The principal activity of this department is to conduct the cases pertaining to the cases before the Hon’ble High Court of Karnataka at its Principal Bench, Bangalore, Benches at Dharwad and Gulbarga, Karnataka Administrative Tribunal, Consumer Disputes Redressal Forums, Consumer Disputes Redress Commission of State/National and the Hon’ble Supreme Court of India where the interest of State of Karnataka and its Departments needs to be defended.
The Advocate Generalis the Head of the Department and he is the principal legal advisor to the Government. A team of Law Officers comprising the Additional Advocate General. The Government Advocates, the State Public Prosecutors, the Additional State Public Prosecutors, the Additional Government Advocates and the High Court Government Pleaders have been appointed to look after the litigation work. The Law Officers including the Addl. Advocate General work under the guidance and supervision of the Advocate General. The Advocate General has been endowed with all administrative and financial powers.
The Administrative Officer supervises the entire ministerial work of the office of the Department. He is assisted by Assistant Administrative Officers, one at the main office, one at the Karnataka Administrative Tribunal Unit Office, one at Gulbarga Unit Office and one at the Dharwad Unit Office. There are Section Officers and Audit Officer. The day today work relating to administration is taken care of by the Administrative Officer.
The Advocate General is the top-most Law Officer who takes care of matters before the High Court as well as before the Hon’ble Supreme Court. The Advocate General is also consulted in matters relating to water disputes as well as other issues having legal ramifications. Before the High Court, the Advocate General generally appears only in matters relating to important legal issues and in matters which has far reaching ramifications for the State Government. The Advocate General is the Ex-Officio member of Karnataka State Legal Services Authority, Karnataka Law Commission & Karnataka State Bar Council.
The State Public Prosecutor takes care of all criminal matters and the State Public Prosecutor also functions under the Advocate General. The work relating to various subjects in the High Court is distributed among different Government Advocates and Government Pleaders.
Similarly, the criminal work is also distributed among the State Public Prosecutors, Additional State Public Prosecutors and others. All Law Officers are governed by the Karnataka Law Officers (Appointment and Conditions of Service) Rules, 1977.
These rules applied to District Government Pleaders, Office of the Advocate General, State Public Prosecutors as well as the advocates appearing before The Supreme Court. The Law Officers are entitled to remuneration as prescribed under the above Rules.

The Advocate General of State is the principal legal adviser to the government of a state. They are appointed by the Governor on the advice of the Chief Minister. The Advocate General is a member of the state government and holds office during the pleasure of the Governor.

The Advocate General must be a qualified lawyer and must have been enrolled as an advocate for at least seven years. They must also be a citizen of India.

The Advocate General’s duties and functions include:

Advising the government on legal matters
Representing the government in court
Conducting litigation on behalf of the government
Giving opinions on legal issues
Promoting the Rule of Law

The Advocate General is remunerated by the government. Their salary and allowances are determined by the state government.

The Advocate General can be removed from office by the Governor on the advice of the Chief Minister. The Advocate General can also resign from office by giving a written notice to the Governor.

The Advocate General enjoys certain immunities and privileges. They are not liable to be sued for anything done or said in the course of their official duties. They are also entitled to certain privileges, such as the right to free access to the courts.

The Advocate General has a relationship with the government, the courts, the Bar, and the public. They are responsible for advising the government on legal matters and representing the government in court. They also have a duty to promote the rule of law.

The Advocate General is a professional lawyer and is bound by the Code of ethics of the Bar. They are also subject to the disciplinary jurisdiction of the Bar Council.

If a complaint is made against the Advocate General, the matter will be investigated by the Bar Council. If the Bar Council finds that the Advocate General has committed a breach of the code of ethics, they may take disciplinary action against the Advocate General.

The Advocate General is required to have professional indemnity insurance. This insurance protects the Advocate General from being sued for professional negligence.

The Advocate General is required to undertake continuing professional development. This means that they must keep up-to-date with changes in the law and practice.

The Advocate General retires on attaining the age of 65 years. They can also resign from office at any time.

If the Advocate General dies in office, the government will appoint a new Advocate General.

The Advocate General is a key figure in the legal system. They play a vital role in advising the government on legal matters and representing the government in court. The Advocate General is also responsible for promoting the rule of law.

What is the role of the Advocate General?

The Advocate General is a lawyer who represents the government in court. They give legal advice to the government and argue cases on its behalf.

How is the Advocate General appointed?

The Advocate General is appointed by the President of India on the advice of the Prime Minister.

What are the qualifications for the post of Advocate General?

The Advocate General must be a qualified lawyer with at least 10 years of experience.

What is the tenure of the Advocate General?

The Advocate General holds office for a term of six years.

What are the powers and functions of the Advocate General?

The Advocate General has the following powers and functions:

To give legal advice to the government
To argue cases on behalf of the government in court
To represent the government in international legal proceedings
To advise the government on legislative matters
To conduct research on legal issues
To publish articles and books on legal topics

What are the challenges faced by the Advocate General?

The Advocate General faces a number of challenges, including:

The need to maintain a high level of legal expertise
The need to be able to work independently and impartially
The need to be able to handle complex and sensitive legal issues
The need to be able to deal with the media and the public

What is the future of the Advocate General?

The future of the Advocate General is uncertain. The role of the Advocate General has been criticized by some, who argue that it is an unnecessary and expensive position. However, others argue that the Advocate General plays an important role in representing the government in court and giving legal advice to the government.

The Advocate General of a state is appointed by the:
(a) Governor of the state
(b) Chief Minister of the state
(c) President of India
(d) Prime Minister of India
The Advocate General of a state is a:
(a) Constitutional office
(b) Statutory office
(c) Judicial office
(d) Executive office
The Advocate General of a state is a member of the:
(a) State Legislature
(b) State Executive
(c) State Judiciary
(d) None of the above
The Advocate General of a state is the:
(a) Chief Law Officer of the state
(b) Chief Legal Advisor of the state
(c) Chief Counsel of the state
(d) All of the above
The Advocate General of a state has the right to:
(a) Appear on behalf of the state in any court
(b) Give legal advice to the state government
(c) Conduct prosecutions on behalf of the state
(d) All of the above
The Advocate General of a state is paid a salary by the:
(a) State government
(b) Central government
(c) Both the state and central governments
(d) None of the above
The Advocate General of a state can be removed from office by the:
(a) Governor of the state
(b) Chief Minister of the state
(c) President of India
(d) Prime Minister of India
The Advocate General of a state is a:
(a) Full-time office
(b) Part-time office
(c) Either full-time or part-time, depending on the state government
(d) None of the above
The Advocate General of a state is a:
(a) Permanent office
(b) Temporary office
(c) Either permanent or temporary, depending on the state government
(d) None of the above
The Advocate General of a state is a:
(a) Elected office
(b) Appointed office
(c) Either elected or appointed, depending on the state government
(d) None of the above