Advocate-General

an advocate general is a legal advisor to a state government. The post is created by the Constitution of India and corresponds to that of Attorney General of India at the central-level. The Governor of each state shall appoint a person who is qualified to be appointed judges in high court. This office is just similar to the office of the Attorney-General.

Article 165 of the Indian Constitution provides for the office of the Advocate General at the states.

The Advocate General is the first law officer at the state level.

APPOINTMENT

The Advocate General is appointed by the Governor.

QUALIFICATIONS

The Advocate General must be qualified to be appointed as a Judge of a High Court.

TERM

The Advocate General holds the office during the pleasure of the Governor.

REMOVAL

The Advocate general is removed by the Governor.

RESIGNATION

The Advocate General submits the resignation to the Governor.

SALARY

The salary of Advocate-General is decided by the Governor.

FUNCTIONS

The Advocate General is the first law officer of the state.

The Advocate General gives advice to the Government of the state upon such legal matters which are referred by the Governor.

The Advocate General appears on behalf of the Government of the state in all cases in any Court in which the Government of the state is concerned.

The Advocate General has the right to speak and take part in the proceedings of both the houses of state Legislature without a right to vote.

NOTE: Only the members of the State Legislature have the right to vote in their respective house.

The Advocate General enjoys all the privileges and immunities that are available to a Member of State legislature.

Frequently Asked Questions?

What does an advocate general do?

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.

Who appoints advocate general of state in India?

The Office of the Advocate General is a constitutional office created under Article 165 of the Constitution of India. The Governor of the State appoints a person who is qualified to be appointed as a judge of the High Court as Advocate General of the State.

WHO removes Advocate General?

He can be removed by the governor anytime. He usually resigns during change of government. He must be qualified to be judge of HC [hold a judicial office for 10 years within the state].

Who is the highest law officer of a state?

Under the Constitution of India Article 165 has provided for the office of the advocate general for the states. He is the highest law officer in the state. Thus he corresponds to the Attorney General of India.

What is the difference between attorney general and advocate general?

Attorney General belongs to Central Government and is appointed by President on recommendation of COM of Centre. Advocate General of State belongs to State Government alone and looks after Law matters relating to that particular State Government. He is appointed by Governor of that State on Advice of COM of that State.