Advocate General under Article 165
The Indian Constitution, through Article 165, establishes the office of the Advocate General for each state. As the state's highest law officer, this role parallels that of the Attorney General of India, providing chief legal counsel to the state government and representing it in legal matters.
Appointment and Term of the Advocate General
The Advocate General of a state—chief legal advisor to the state government—is appointed by the Governor. To qualify for this position, a candidate must meet the same rigorous standards as those for a High Court judge: they must be a citizen of India and have either held a judicial office for at least ten years or practiced as an advocate in a High Court for ten years. This ensures the appointee brings substantial legal expertise to the role.
Unlike elected officials, the Advocate General enjoys no fixed term of office under the Constitution, which also omits any prescribed procedure or grounds for removal. Instead, they serve at the pleasure of the Governor, who holds the power to dismiss them at any time. Resignation is straightforward, requiring only a submission to the Governor. By established convention, the Advocate General steps down when the Council of Ministers resigns or is replaced, reflecting their appointment on the advice of the state government.
The Constitution similarly leaves the remuneration of the Advocate General flexible, allowing the Governor to determine it as they see fit.
Duties and Privileges of Advocate General
As the state's chief legal advisor, the Advocate General plays a pivotal role in supporting the government with expert counsel and representation. His primary duties, as outlined in the Constitution, revolve around three key responsibilities. First, he provides advice on any legal matters referred to him by the Governor. Second, he undertakes additional legal tasks assigned by the Governor. Third, he discharges all functions entrusted to him under the Constitution or any other law.
In carrying out these duties, the Advocate General enjoys significant privileges. He has the right to appear before any court or tribunal within the state. Moreover, he may speak and participate in the proceedings of either House of the state legislature, or any of its committees if named a member—though without a right to vote. Like members of the legislature, he is entitled to all associated privileges and immunities.