The Advocate General (AG) is the highest law officer of a State and the principal legal adviser to the State Government. The office is a constitutional post established under Article 165 of the Constitution. It is the State-level counterpart of the Attorney General of India and assists the State Government in legal and constitutional matters.
Constitutional Provisions
- Article 165 – Advocate General for the State.
- Article 177 – Right to participate and speak in the proceedings of the State Legislature and its Committees, without the right to vote.
Appointment: The Advocate General is appointed by the Governor. The Constitution does not prescribe any consultation process or legislative approval for the appointment.
Qualifications: A person appointed as Advocate General must be qualified to be appointed as a Judge of a High Court under Article 217. Therefore, the person must:
- Be a citizen of India.
- Have held a judicial office in India for at least 10 years, or
- Have been an advocate of a High Court (or two or more High Courts in succession) for at least 10 years.
Oath: The Constitution does not prescribe any oath or affirmation for the Advocate General before assuming office.
Term of Office: The Advocate General holds office during the pleasure of the Governor. The Constitution does not prescribe a fixed tenure.
Resignation: The Constitution does not lay down any specific procedure for resignation. By convention, the Advocate General submits the resignation to the Governor.
Removal: There is no constitutional procedure for removal. Since the Advocate General holds office during the pleasure of the Governor, the Governor may remove the Advocate General at any time.
Remuneration: The salary, fees and allowances of the Advocate General are determined by the Governor. The Constitution does not prescribe any fixed remuneration.
Duties and Functions
- Advises the State Government on legal and constitutional matters referred by the Governor.
- Represents the State Government before the High Court, Supreme Court and other courts.
- Performs legal duties assigned by the Governor.
- Discharges functions assigned under the Constitution or any other law.
- Defends the constitutional validity of State laws and executive actions whenever required.
Rights and Privileges
- Has the right of audience in all courts within the State.
- Can participate and speak in the proceedings of both Houses of the State Legislature and their Committees.
- Can participate in proceedings of any legislative committee of which he is a member.
- Cannot vote in the Legislature because he is not a member of the House.
Advocate General vs Attorney General of India
| Basis | Advocate General | Attorney General |
| Constitutional Article | Article 165 | Article 76 |
| Jurisdiction | State | Union |
| Appointed by | Governor | President |
| Advises | State Government | Union Government |
| Legislature | State Legislature | Parliament |
| Tenure | Pleasure of Governor | Pleasure of President |
FAQs
Q1. Which Article of the Constitution provides for the Advocate General of a State?
Ans. Article 165.
Q2. Does the Advocate General enjoy a fixed tenure?
Ans. No, he holds office during the pleasure of the Governor.
Q3. Can the Advocate General vote in the State Legislature?
Ans. No, he can participate and speak but cannot vote under Article 177.
Q4. Is an oath prescribed for the Advocate General under the Constitution?
Ans. No, the Constitution does not prescribe any oath or affirmation for the Advocate General.
