Advocate General of State

By : Neha Dhyani

Updated : Mar 17, 2022, 5:52

The Advocate General is the state's highest law enforcement official. They are in charge of assisting the state government with legal issues. They protect and defend the state government's interests.

Article 165 of the Constitution focuses on the Advocate General of State, while Article 177 deals with Ministers' and the Advocate General's rights in relation to the Houses.

Advocate General of State Term of Office

The Advocate General of the state is appointed by the Governor. The person chosen for the position should be qualified to serve as a judge on a high court. That is, they must be an Indian citizen who has served in a judicial capacity for ten years or has been a high court advocate for ten years.

The Advocate General does not have a fixed term in the Constitution. As a result, they serve at the whim of the Governor of the state 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 Advocate General of the state is paid according to the Governor's discretion. Their compensation is not specified in the Constitution either.

Advocate General of State - Responsibilities and Functions

  1. They provide legal assistance to the state government on topics addressed to or delegated to them by the Governor.
  2. They carry out any additional legal responsibilities that the governor delegates or assigns to them.
  3. They carry out the duties entrusted to them by the Constitution or any other law.

Rights of the Advocate General of State

  1. They have the right to attend any court in the State when performing their official duties.
  2. They have the freedom to talk and participate in state legislature sessions but do not have the right to vote.
  3. They have all the rights and advantages that come with being a member of the state legislature.

Advocate General of State Article

In the table below, you'll find a list of 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 in Relation to 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.

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FAQs on Advocate General of State

Q.1) Who selects the Advocate General of the State, and how long do they serve?

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

Q.2) What are the requirements for becoming an Advocate General of State?

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.

Q.3) Who is a state's initial legal advisor?

The Attorney General of India is the government's chief legal adviser and the primary lawyer of the Supreme Court of India.

Q.4) What is the purpose of the Attorney General?

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