Advocate General: Meaning and Role

The governor, chief minister, council of ministers, and attorney general of the state make up the state executive. The Advocate General for the States, who is the top legal official in each state, holds office pursuant to Article 165 of Chapter 2 (The Executive) of Part VI (The States) of the Indian Constitution. Therefore, the office of the Advocate General is crucial to the ongoing operations of the state governments in India's federal system.

Who is Advocate General?

In India, the Advocate General of State is regarded as the top state legal official. The Advocate General of State is appointed in accordance with Article 165 of the Indian Constitution. Additionally, the governor of the state appoints this highest legal official. The Indian Constitution discusses the duties of the Advocate General of State in Articles 165 and 177.

Powers of Advocate General

To learn more about the function and authority of the Advocate General of the State, let's now examine both of these articles.

The authority, appointment, and duties of the Advocate General of the State are primarily discussed in Articles 165 and 177.

The Indian Constitution's Article 165 states that

• Every state's governor appoints an individual qualified to serve as a judge of the high court for the position of Advocate General of State.

• In accordance with the Advocate General's recommendations, the government of the state addresses any legal issues or obligations of a legal nature.

• The Governor may appoint this highest legal official to the position at any time.

• Depending on what the governor decides, this authority may receive compensation.

The Indian Constitution's Article 177 states that

• Speaking privileges in the sessions of the state legislature are reserved for the advocate general of the state.

• The legislative committee's sessions are open to them.

Functions of Advocate General

There are some functions of advocate general −

• The Advocate General is chosen by the Governor to provide the State Government with legal advice on any situation.

• The Advocate General has the ability to assume the identity and perform the duties of any legal persona that the Governor assigns them.

• The Advocate General is entitled to be heard in any state court of law in accordance with their official responsibilities.

• The Advocate General may participate in proceedings of either house of the state legislature or of any committee thereof as a member without having a vote.

• In front of the High Court and Supreme Court, the Advocate General can represent the State Government.

Appointment and Term of Advocate General

• The Governor of the State, who must be eligible to serve as a judge of a High Court, appoints the Advocate General.

• That is, he or she must be an Indian citizen and have served as a judge for ten years or as an attorney in a high court for ten years.

• The Advocate General's tenure of office is not fixed by the Constitution, nor does it outline the process or justifications for dismissal.

• The Advocate General serves at the leisure of the Governor of the State, and as such, the Governor may choose a successor at any time.

• The Advocate General may also retire from his or her position by sending a letter of resignation to.

• He or she may pursue a private law practice since the position is not fulltime.

• After leaving office, the Advocate General is still available for re-appointment and other government appointments.

Conclusion

The Attorney General of India in the Center is equivalent to the Advocate General of the State. The Advocate General is a member of the State Executive, just like the Attorney General in the Center. Thus, in India's federal system of government, the office of the advocate general is crucial to the day-to-day operations of the state governments.

FAQs

Q1. Has an Advocate General more power than a judge of High Court?

Ans: In India, an Advocate General is a first legal officer and legal advisor to the government of a respective state. Advocate General typically holds a high-ranking position in the respective state's judicial system. Advocate General is constitutional post.

A High Court Judge, on the other hand, presides over a high court and is responsible for interpreting and applying the law. A High Court Judge is also a constitutional body that works independently. In terms of their specific powers, the roles and responsibilities of an Advocate General and a High Court Judge may vary depending. However, in reference to power, a High Court Judge has more power than an Advocate General. High Court Judges are responsible for interpreting and applying the law in cases that come before them, whereas Advocate Generals primarily provide legal advice to the state government.

Q2. Who does appoint Advocate General?

Ans: The Governor of a state shall appoint an Advocate General for the respective State.

Q3. What is the qualification of an Advocate General?

Ans: A person who is qualified to be appointed as a Judge of a High Court can be appointed as the advocate general.