Write a note on Advocate General

Question: Write a note on Advocate General. [BJS 1978]

Find the answer to the mains question only on Legal Bites. Write a note on Advocate General.

Answer

Article 165 of the Indian Constitution is related to the office of the Advocate General of State. He is the highest law officer of the state. In the Order of Precedence, Additional Solicitor General is above the Advocate General of State. He has the full right to appear in any court of the state.

The governor appoints the advocate general of state on the advice of the council of ministers of the state and can remove him any time as he pleases. The Advocate General of the state cannot vote in any proceedings of the houses of the state legislature or any committee initiated by the state legislature. He though has a right to speak and be a part of such proceedings.

The person who is eligible to hold the office of advocate-general in India must meet the following criteria:

• He must be an Indian Citizen
• He should be eligible to be appointed as the judge of the High Court; i.e. he must meet one of the following eligibility criteria:
• A barrister having experience of more than 5 years.
• A civil servant with experience of more than 10 years along with experience as a servant in Zila Court for at least 3 years.
• A pleader over 10 years in any high court
• He shouldn’t be more than 62 years of age as is the age qualification for a High Court Judge

The major duties and functions of the Advocate General of State are:

• He is responsible to advise the state government on the legal matters that the governor refers to him.
• He also has to perform all the duties legal characteristics as are assigned to him by the state governor.
• He is bound by the Constitution for such duties and functions as is mentioned therein or any other constitutional law.

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