Advocate General of State: About, Article 165, List of Advocate Generals in India| UPSC

By Aarna Tiwari|Updated : November 3rd, 2022

The Advocate General of State is the highest law enforcement official in the state. They are in charge of helping the state government with legal matters, and they guard and protect the state government's appeals. Article 165 of the Constitution concentrates on the Advocate General of State, while Article 177 deals with Ministers' and the Advocate General's rights regarding the Houses.

This article covers the Advocate General of State topic for the upcoming UPSC Exam. The article covers all the important aspects of the topic, such as the list of the Advocate General of State in India, Article 165 of the Indian Constitution, eligibility, and term of office.

Table of Content

Advocate General of State

The Advocate General of a State is a Constitutional post and authority duly appointed as per Art. 165 of the constitution of India. The authority and function of the Advocate General are also specified in the Constitution of India under Articles 165 & 177. 

The functions of the Advocate General of a State include:

  • To provide legal assistance to the state government on topics addressed to or delegated to them by the Governor.
  • To carry out any additional legal responsibilities the governor delegates or assigns.
  • To perform the tasks the Constitution or any other law gives.

Advocate General of State: Term of Office

The Governor decides and appoints the state's Advocate General. The person chosen for the position should be qualified to serve as a judge on a high court.

  • The Advocate General of State does not have a fixed term in the Constitution. As a result, they serve at the whim of the state governor in question.
  • The Governor has the authority to remove them at any time.
  • There is no mechanism or basis for their removal in the Constitution.
  • The state's Advocate General is paid according to the Governor's discretion.
  • Their compensation is not specified in the Constitution either.

Rights of the Advocate General of State

The Advocate General of State enjoys and is entitled to the following rights:

  • They have the right to attend any court in the State when performing their official duties.
  • They can talk and participate in state legislature sessions but do not have the right to vote.
  • They have all the rights and advantages of being a state legislature member.

>> Advocate General of State [PDF]

List of Advocate Generals in India (State Wise)

Following is the list of Advocates General for different states in alphabetic order.

Indian State

Name of Advocate General of State

Andhra Pradesh

Subrahmanyam Sriram

Assam

Devajit Lon Saikia

Bihar

Lalit Kishore

Chhattisgarh

Satish Chandra Verma

Goa

Devidas Pangam

Gujarat

Kamal Trivedi

Haryana

BR Mahajan

Himachal Pradesh

Ashok Sharma

Jammu & Kashmir

D.C. Raina

Jharkhand

Rajiv Ranjan

Karnataka

Prabhuling K. Navadagi

Kerala

K Gopala Krishna Kurup

Madhya Pradesh

Prashant Singh

Maharashtra

Ashutosh Kumbhakoni

Manipur

Naorem Kumarjit Singh

Meghalaya

Amit Kumar

Mizoram

Diganta Das

Nagaland

Vikramjit Banerjee

Odisha

Ashok Parija

Punjab

Vinod Ghai

Rajasthan

Mahendra Singh Singhvi

Sikkim

Vivek Kohli

Tamil Nadu

R. Shunmugasundaram

Telangana

B. S. Prasad

Tripura

Siddhartha Shankar Dey

Uttar Pradesh

Ajay Kumar Mishra

Uttarakhand

S. N. Babulkar

West Bengal

S.N. Mookherjee

Advocate General of State: Eligibility

The Governor, with the assistance of other councils of ministers, appoints the state's Advocate General. Following are the eligibility criteria for a person to hold the office of Advocate General in India:

Eligibility Criteria

Requirements

Citizenship

Indian

Judge of the High Court

To be appointed, he needs to fulfill any one of the below standards:

He should be a lawyer having experience of more than 5 years.

A civil servant with an experience of more than 10 years plus additional experience as a Zila Court servant for at least 3 years.

An advocate over 10 years in any high court

Age

Should be less than 62 years of age

Advocate General Salary

The income of the Advocate General is not static by the Constitution of India, and it can deviate from one State to another. The State governor selects the remuneration of the advocate general in India.

Post

Earnings Estimated (Monthly)

Advocate General of State

Rs. 1.25 lakh

Senior Deputy Advocate General and Deputy Advocate General

Rs. 90000

Assistant Advocate General/Junior Most Law Officer

Rs. 55000

Establishment officers

Rs. 40000

Advocate General of State: Articles 165 and 177

Mentioned are the articles relating to the office of the Advocate General of State:

  • Article 165: Office of the Attorney General of the State
  • Article 177: Advocate General's Rights concerning the State Legislature and Its Proceedings
  • Article 194: Advocate General's Powers, Privileges, and Immunities

The Advocate General of State has the legal right to attend any state court. Hence, being the protector of the states' beliefs and virtues, the advocate general channels their powers to direct the same.

Article 165 of the Indian Constitution

The Advocate General shall hold office at the pleasure of the Governor. The OIC attending the Advocate General (A.G.) office must first contact the Deputy Secretary (Law) and thereafter the concerned Section Charge, depending upon the nature of the case and the purpose of his attending the office. On obtaining the file from the relevant Section, the OIC must appear before the concerned Law Officer to prepare the return. 

After the return has been prepared and is duly complete with all legible documents and authorization, the same should be submitted by the OIC to the Section Charge to file along with the case file before leaving the A.G. Office.

Article 165 of the Indian Constitution states that:

  • The Governor of each State shall appoint a person qualified as a High Court Judge to be Advocate General for the State.
  • It shall be the duty of the Advocate General to give advice to the 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

Advocate General vs. Attorney General of India

The position of Attorney General for India is established by Article 76 of the Indian Constitution. He/she is the top law enforcement official in the nation. The office of the Advocate General for the states is established by Article 165 of the Indian Constitution. He or she is the state's top law enforcement official. 

To understand the fundamental differences between the Advocate General and the Attorney General of India, refer to the table below. Both are differentiated based on the Article of the Constitution, their position, and their roles.

Criteria

Advocate General of State

Attorney General of India

Article of Indian Constitution

Article 165

Article 76

Position

Chief law officer of the state

Highest law officer in India

Responsibility

Handles Legal matters of the state

Takes control over the lawful issues of the central government or the union

Advocate General of State UPSC

The topic of the Advocate General of State is covered under the Polity section of the UPSC Syllabus. To understand the topic better, aspirants can go through the NCERT Books for UPSC and practice the Previous Year's Question Papers.

Question: Advocate General of State is appointed for:

  1. 5 years
  2. 6 years,
  3. Decided by the President
  4. No fixed tenure

Answer: Option D

Question: Which article states that each state shall have an Advocate General?

  1. Article 194
  2. Article 177
  3. Article 197
  4. Article 165

Answer: Option D

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Advocate General of State FAQs

  • The Governor appoints the Advocate General of State. The post of the Advocate General has no defined term, and the method for their removal is not specified in the Constitution.

  • The Advocate General of State should be an Indian citizen who has served in the judiciary for ten years or has been a high court advocate for ten years.

  • They are India's top law officers, according to Article 76 of the Constitution. They consult the union government on all law matters as the government of India's chief legal advisor.

  • Advocate General is responsible for advising the state government on the law matters that the Governor refers to him. He must also perform all the legal duties assigned by State's Governor. Download the Advocate General of State UPSC Notes here.

  • The Advocate General is authorized to appear before any court of law within the State to perform his official duties. He has the right to express and participate in the law proceedings of both the Houses of the State legislature.

  • The Advocate General of a State is selected according to Article 165 of the Indian Constitution. The command and role of the Advocate General are also designated in the Indian Constitution under Articles 165 & 177.

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