Advocate General of the State

Article 165 deals with the Advocate General for the State and Article 177 deals with the rights of Ministers and Advocate General as respects the Houses.

The Advocate General is the highest law officer in the state. He is responsible to assist the state government in all its legal matters. He defends and protects the interest of the state government. The office of the Advocate General in state corresponds to the office of Attorney General of India.

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.

Appointment and Term of Office

The Governor appoints the Advocate General of the state. The person who is appointed should be qualified to be appointed a judge of a high court. That means, he should be a citizen of India and should have held a judicial office for ten years or been an advocate of a high court for ten years.

The constitution does not provide for fixed tenure to the Advocate General. So, he holds office during the pleasure of the governor of the state concerned. He can be removed by the governor at any time. There is no procedure or ground mentioned in the constitution for his removal.

The Advocate General receives such remuneration as the governor may determine. The constitution has not fixed the remuneration of the Advocate General.

Duties and Functions

Below are the duties and functions of the Advocate General:

(1) He gives advice to the government of the state upon such legal matters, which are referred or assigned to him by the governor.

(2) He performs such other duties of a legal character that are referred or assigned to him by the governor.

(3) He discharges the functions conferred on him by or under the Constitution or any other law.

Rights

Following are the rights of the Advocate General:

(1) In the performance of his official duties, he has the right of audience in any court in the State.

(2) He has the right to speak or to take part in the proceedings of state legislature, but without a right to vote.

(3) He has the right to speak or to take part in the meeting of any committee of the state legislature of which he is named as a member, but without a right to vote.

(4) He enjoys all the privileges and immunities that are available to a member of the state legislature.