Advocate General of the state

Q.  Which of the following is/are true regarding Advocate General of the state?

1) Article 165 provides for Advocate general of state.
2) He can be member of Committees of the State Legislature.

- Published on 15 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above

ANSWER: Both 1 and 2
  • Article 165 provides for the office of the Advocate General of the state.

  • He is the highest law officer in the state and analogous to the Attorney General of India.

  • Appointment and Term -

  • He is appointed by the Governor.

  • He must be a person who is qualified to be appointed a judge of a High Court.

  • Qualification for being appointed a judge of High Court are -

    1. He must be a citizen of India.

    2. He must have held a judicial office for ten years or been an advocate of a High Court for ten years.

  • The term of office of the Advocate General is not fixed by the Constitution.

  • He holds office during the pleasure of the Governor.

  • Constitution does not contain the procedure and grounds for his removal.

  • He may be removed by the Governor at any time.

  • He may quit his office by submitting his resignation to the Governor.

  • Generally, he resigns when the government (Council of Ministers) resigns or changes, as he is appointed on its advice.

  • He receives remuneration determined by the Governor.

  • Duties and Functions -

    1. To give advice to the government of the state upon such legal matters which are referred to him by the Governor.

    2. To perform such other duties of a legal character that are assigned to him by the Governor.

    3. To discharge the functions conferred on him by the Constitution or any other law.

  • In the performance of his official duties, the Advocate General can appear before any court of law within the state.

  • He also has the right to speak and to take part in the proceedings of both the Houses of the State Legislature or any committee of the State Legislature of which he may be named a member, but without a right to vote.

  • He enjoys all the privileges and immunities that are available to a member of the State Legislature.

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