1. Overview and Constitutional Basis

  • Article 165 of the Constitution provides for the position of the Advocate General of the state, establishing it as the highest law office in each state.
  • The role of the Advocate General is akin to the Attorney General of India at the national level.

2. Appointment and Term

  • Appointed by: The Governor of the state.
  • Qualifications: Must be eligible for appointment as a high court judge, which includes:
    • Being an Indian citizen.
    • Having held a judicial position for ten years, or
    • Practiced as an advocate in a high court for at least ten years.
  • Term:
    • Not fixed by the Constitution.
    • Holds office at the pleasure of the Governor, implying the Governor may remove the Advocate General at any time.
    • Typically resigns if there is a change in the government or council of ministers.
  • Remuneration: Not specified in the Constitution; it is determined by the Governor.

3. Duties and Rights

  • Primary Duties:
    1. Provide legal advice to the state government on matters referred by the Governor.
    2. Perform other legal responsibilities as assigned by the Governor.
    3. Fulfill functions set forth by the Constitution or any relevant law.
  • Legislative Rights:
    • Has the right to speak and participate in proceedings of both Houses of the state legislature or in any committee where they are a member, but cannot vote.
    • Privileges and Immunities: Holds similar privileges and immunities to a state legislature member, ensuring legal protection and operational freedom within their role.

4. Articles Related to Advocate-General

  • Key Articles:
    • 165: Establishes the role of the Advocate General in the state.
    • 177: Defines rights in respect to participation in state legislature proceedings.
    • 194: Outlines powers, privileges, and immunities, aligning with those granted to members of the legislature.