Advocate General of State, Duties, Provision, Term, Power & Limitation

Advocate General of State

The Advocate General of State is the state’s leading law enforcement official. They are in charge of defending and defending the state government’s appeals as well as assisting the state government with legal concerns. The Advocate General of State is the subject of Article 165 of the Constitution, whereas the powers of Ministers and the Advocate General with reference to the Houses are covered under Article 177. The topic of the Advocate General of State for the next UPSC Exam is covered in this article.

The Advocate General of State is an important part of Indian Polity which an important subject in UPSC Syllabus. Students can also go for UPSC Mock Test to get more accuracy in their preparations.

About Advocate General of State

According to Article 165 of the Indian Constitution, the Governor appoints the Advocate General of the State as the highest legal official in the State to represent the interests of the State Government. He provides legal advice to the relevant State’s government and carries out any other legal tasks that may be delegated to him. Additionally, he occasionally carries out the duties that the Governor assigns to him. Article 165 of Chapter 2 of Part VI of the Indian Constitution establishes the position of Advocate General for States. His authority and role, however, are outlined in Articles 165 and 177 of the Indian Constitution.

Advocate General of State Appointment and Term

The Advocate General is chosen by the State’s Governor, who must be qualified to serve as a High Court judge. Specifically, he or she must be an Indian citizen and have ten years of experience as a judge or an attorney in a high court. The Advocate General’s tenure of office is not fixed by the Constitution, and neither is the process or justification for the dismissal of the Advocate General.

The Governor of the State appoints the Advocate General at his or her discretion, and as such, the Governor is always free to name the Advocate General’s replacement. The Advocate General may also retire from his or her position by giving notice to the Governor. Additionally, the Constitution does not specify how much the Advocate General is paid; instead, the Governor may decide how much they are paid.

Since it is not a full-time position, he or she is free to run a private law practice. The Advocate General is still eligible for appointment to other government positions after leaving office.

Advocate General of State Eligibility

The Governor appoints the state’s advocate general with the aid of other councils of ministers. The following qualifications must be met in order to hold the position of Advocate General in India.

• Citizenship should be Indian
• Judge of the High Court: To be appointed, he needs to fulfill all standards. . He should be a lawyer with at least five years’ worth of experience. a public servant with more than ten years of experience in addition to at least three years of experience working for the Zila Court. An advocate over 10 years in any high court.
• Should be less than 62 years of age.

Advocate General of State Constitutional Provisions

Below given all the constitutional provisions of the Advocate General of States:

Advocate General of State Duties and Functions

As the chief legal representative of the State’s government, the Advocate General carries out the responsibilities listed below. His job is to advise the State Government on any legal matters that the Governor refers to him for advice. The function is to carry out any additional legal obligations that the state governor delegates to you. The function is to carry out the responsibilities assigned to him/her by the Constitution or any other law.

The Advocate General is permitted to represent the State in any court of law while carrying out his official responsibilities. The Advocate General is entitled to speak and participate in both Houses of the State legislature’s sessions. Additionally, he or she has the right to participate in committee meetings without being able to vote in any committee of the State legislature. The Advocate General also benefits from all the privileges and immunities given to state legislators.

Advocate General of State Limitations of Powers

The Advocate General is only given the authority granted by law or the State government. As a result, the Advocate General is prohibited from acting in excess of his or her legal authority. He/she is not permitted to act as an advisor or advocate for State Government officials. When called upon to provide advice or make an appearance on behalf of the State Government, he/she should refrain from doing so and not hold a brief.

He or she shouldn’t offer advice or file a lawsuit against the state government in question. Without the State Government’s consent, he or she should not represent the accused in criminal proceedings. This is done to prevent any appearance of bias or a conflict of interest. Without the consent of the State Government, the Advocate General of a State should not take an appointment as a director in any corporation or enterprise.

Advocate Generals of India List

Here is a list of state-wise Advocate Generals in India is given below:

Advocate General of State UPSC

The Attorney General of India in the Centre 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 Centre. 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. The UPSC Syllabus’s Polity part includes a discussion of the Advocate General of State. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.

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