ADVOCATE GENERAL (ART. 165)

ADVOCATE GENERAL (ART. 165)

 

BACKGROUND
  • Article 165 has provided for the office of the Advocate General.
  • Highest law officer in the state

 

APPOINTMENT AND TERM
  • Appointed by Governor
  • He must be qualified to be the Judge of High Court (Citizen of India, held judicial office for 10 years or advocate of HC for 10 years)
  • Term of office not fixed by constitution
  • Constitution has no procedure for his removal
  • Holds office during the pleasure of the Governor.
  • Receives remuneration as Governor may determine

 

DUTIES & FUNCTIONS
  • Chief Law officer of the State Government.
    • Give advice to State Government on legal matters
    • Perform duties of a legal character
    • Discharge functions conferred on him by constitution.
  • Governor may assign the following duties to Advocate General of the State
    • To appear on behalf of government
    • To represent the government
    • To appear when required by the government in any high court

 

RIGHTS AND LIMITATIONS

 

RightsLimitations
Right of audience in all courts.

 

Right to speak and take part in the proceedings of both the houses of State Legislature, joint sitting, or any committee proceedings.

 

Does not have the right to vote

 

He enjoys all privileges and immunities that are available to a member of Parliament.

 

Should not advice against the State Government

 

Should not defend accused person in criminal proceedings

 

Should not accepts appointment as director in any company or corporation without government permission.