What Are The Functions Of Advocate General Of State

The Governor, the Chief Minister, the Council of Ministers, and the State Advocate General make up the state executive. The Advocate General for the States, who is the top legal official in the State, holds office under Article 165 of Chapter 2 (The Executive) in Part VI (The States) of the Indian Constitution. Therefore, 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 Governor of the State, who must be eligible to serve as a judge of a High Court, appoints the Advocate General.

 

•    He or she must be an Indian citizen and have served as a judge for ten years or as an attorney in a high court for ten years.

 

•    The Advocate General's tenure of office is not fixed by the Constitution, nor does it outline the process or justifications for dismissal.

 

•    The Advocate General serves at the leisure of the Governor of the State, and as such, the Governor may choose a successor at any time.

 

•    The Advocate General may also retire from his or her position by giving notice to the Governor.

 

•    The Constitution does not set a salary for the Advocate General, who is paid whatever the Governor deems appropriate.

 

•    Since it is not a full-time position, he or she is free to run a private law practice.

 

•    After leaving office, the Advocate General may be reappointed or be considered for any other government position. 

 

•    As the chief legal representative of the State's government, the Advocate General carries out the responsibilities listed below.

 

•    To provide legal advice to the state government on subjects that the governor refers to him for.

 

•    To carry out any additional legal obligations that the state governor delegates to you.

 

•    To perform the duties assigned to him or her by the Constitution or another piece of legislation.

 

•    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 ability to participate in committee meetings without being able to vote in any committee of the State legislature.

 

•    The Advocate General is entitled to all the benefits and exemptions that are provided to state legislators.

 

To avoid problems and conflicts of interest, the Advocate General is subject to numerous restrictions, including:

•    The Advocate General shouldn't give legal counsel or file a lawsuit against the State Government.

 

•    When called upon to advise or represent the State Government, he/she should not hold a brief or provide advice.

 

•    Without the State Government's approval, the Advocate General should not represent the accused in criminal proceedings.

 

•    Without the state government's approval, he or she shouldn't accept a directorship in any business or corporation.

 

•    The government is represented by the Advocate General. During a hearing, the Supreme Court noted that an Advocate General is regarded as a representative of the government and that his or her opinions reflect those of the government.

 

•    Politically Motivated Pressure: Four Advocate Generals have resigned in a succession in West Bengal. Numerous notable attorneys have charged that the Government forced some of the resignations on legal professionals for political ends.

 

•    Questions about the appointment of Advocate Generals: One case that raised concerns about the appointment of the State's Advocate General was S. Kasieramalingam v. the Chief Secretary of Tamil Nadu.

 

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.