• Advocate General of the State

  • Article 165 of the Constitution provides for the office of the Advocate General for the states.
  • He/She is the highest law officer in the state.
  • Corresponds to the Attorney General of India at the Union level.

• Appointment and Term

  • Appointed by the Governor.
  • Must be qualified to be appointed as a judge of a high court.
    • Citizen of India.
    • Must have held a judicial office for ten years or been an advocate of a high court for ten years.
  • Term of office is not fixed by the Constitution.
  • No procedure or grounds for removal specified in the Constitution.
  • Holds office during the pleasure of the Governor and may be removed by the Governor at any time.
  • Can resign by submitting resignation to the Governor.
  • Conventionally resigns when the government (council of ministers) resigns or is replaced, as he/she is appointed on its advice.
  • Remuneration is not fixed by the Constitution; the Governor determines it.

• Duties and Rights

  • Chief law officer of the state government.
  • Duties include:
    • To advise the state government on legal matters referred by the Governor.
    • To perform other legal duties assigned by the Governor.
    • To discharge functions conferred by the Constitution or any other law.
  • Rights:
    • Right to speak and take part in the proceedings of both Houses of the state legislature or any committee of the state legislature of which he/she may be named a member, but without a right to vote.
    • Enjoys all privileges and immunities available to a member of the state legislature.

• Table 54.1 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 Committee
194.	Powers, privileges and immunities of Advocate-General