Advocate General of the State Explained [UPSC] WonderContent

Like the Governor, Chief Minister or the State Council of Ministers, the Advocate General of the State is also considered a part of the State Executive.

In this article, we will discuss the Advocate General of the state in a simple and easy way and try to understand its various important aspects; So to understand well, definitely read the article till the end as well as read other related articles as well.

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f you read ‘The Attorney General of India‘ before reading this article, then you will be able to understand it easily because what the Attorney General of India does for the Center, more or less the same work that the Advocate General of the state does for the state.

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Advocate General of the state

Article 165 of the Constitution of India provides for the Advocate General of the State. He is the highest law officer of the state. In this way we can say that he is a supplement to the Attorney General of India.

Appointment and Tenure

The Advocate General of the State is appointed by the Governor. To become the Advocate General of a State, a person must have the qualifications to become a Judge of a High Court. He should also have experience of ten years as a Judicial Officer or ten years of practice in High Court. He should also be a citizen of India,

There is no clear provision in the Constitution regarding the tenure of the Advocate General of the State. Apart from this, the mechanism for his removal has not been described in the constitution. However, he continues in his post during the pleasure of the Governor. This means that he can be removed by the Governor at any time. If he wishes, he can also be relieved by resigning from his post.

The general tradition is that when the government falls, they resign because their appointment is on the advice of the government. When a new government is formed again, then that government will choose its advocate general.

◼ The salary and allowances of the Advocate General have also not been fixed in the Constitution. His salary and allowances are determined by the Governor.

functions and powers of advocate general of the state

The following are the functions of the Advocate General being the Chief Law Officer of the State.

Advise the State Government on such matters of law as may be assigned by the President
Perform such other duties as may be legally assigned by the Governor.
To discharge the functions provided for by the Constitution or by any other law.

He has the right to be heard before any court in the state under his official duties. Apart from this, he can participate in both the houses of the legislature (if there is also a Legislative Council in that state). However, he cannot take it in the voting process.

Apart from this, he gets all the privileges and allowances which are available to a member of the Legislative Assembly.

If you want to see the list of Advocates General of all the states, then you can see by clicking here.