ADVOCATE GENERAL OF THE STATE
The Constitution (Article 165) has provided for the office of the advocate general for the states.' He is the highest law officer in the state. Thus he corresponds to the Attorney General of India.
APPOINTMENT AND TERM
The advocate general is appointed by the governor. He must be a person who is qualified to be appointed a judge of a high court. In other words, he must be a citizen of India and 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. Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the governor. This means that he may be removed by the governor at any time. He may also quit his office by submitting his resignation to the governor. Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.
The remuneration of the advocate general is not fixed by the Constitution. He receives such remuneration as the governor may determine.
DUTIES AND FUNCTIONS
As the chief law officer of the government in the state, the duties of the advocate general include the following:
In the performance of his official duties, the advocate general is entitled to appear before any court of
law within the state. Further, he 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.
Table 47.1 Articles Related to Advocate-General of the state at a Glance
Article No. | Subject-matter |
165. | Advocate-General of the State |
177. | Rights of Advocate-General as respects the Houses of State Legislature and its Connnittee |
194. | Powers, privileges and innnunities of Advocate-General |
Table 47.2 Articles Related to Constitutional Bodies at a Glance
Article No. | Constitutional Bodies |
76. | Attorney-General of India |
148. | Comptroller and Auditor-General of India |
165. | Advocate-General of the State |
243-I. | State Finance Commission |
243-K. | State Election Commission |
243ZD. | District Planning Connnittee |
243ZE. | Metropolitan Planning Committee |
263. | Inter-State Council |
280. | Finance Commission |
307. | Inter-State Trade and Commerce Commission |
315. | Union Public Service Commission and State Public Service Commission |
324. | Election Commission |
338. | National Commission for Scheduled Castes |
338A. | National Commission for Scheduled Tribes |
339. | Scheduled Areas and Scheduled Tribes Commission |
340. | Backward Classes Commission |
344. | Official Language Commission and Official Language Connnittee of Parliament |
350B. | Special Officer for Linguistic Minorities |
Notes and References
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