Advocate General of the State

The office of the Advocate General of the State is created under Article 165 of the Constitution, which falls under Chapter 2 (The Executive) in Part VI (The States). This is the only article that directly deals with this office. The Advocate General is the highest law officer in the state and serves as the state-level counterpart to the Attorney General of India at the Union level.

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The Advocate General is appointed by the Governor of the state. To be eligible, the person must meet the same qualifications as those required for appointment as a judge of a High Court. This means:

• The person must be a citizen of India, and
• Must have held a judicial office (i.e., an office within the state's judicial service) for ten years, OR
• Must have been an advocate of a High Court for ten years.

Note: Unlike the Supreme Court, the Constitution makes no provision for appointing an eminent jurist as a judge of a High Court — and by extension, no such provision exists for the Advocate General either.

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The Constitution does not fix a definite term for the Advocate General. Key features of his tenure:

• He holds office during the pleasure of the Governor, meaning the Governor can remove him at any time.
• The Constitution provides no specific procedure or grounds for his removal — unlike judges of constitutional courts who have elaborate removal procedures.
• He may resign by submitting his resignation to the Governor.
• By convention, the Advocate General resigns when the Council of Ministers resigns or is replaced, since he is appointed on the advice of the government in power.

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The Constitution does not prescribe a fixed salary for the Advocate General. His remuneration is determined by the Governor. This is another contrast with constitutional offices like the Comptroller and Auditor General, whose salary is charged to the Consolidated Fund.

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As the chief legal advisor of the state government, the Advocate General performs three broad categories of duties:

1. Legal advice: He advises the state government on legal matters referred to him by the Governor.
2. Assigned duties: He performs other duties of a legal character assigned by the Governor.
3. Constitutional and statutory duties: He discharges functions conferred on him by the Constitution or any other law in force.

In carrying out these official duties, the Advocate General is entitled to appear before any court of law within the state.

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Under Article 177, the Advocate General has the right to:

• Speak and participate in the proceedings of both Houses of the state legislature (i.e., the Legislative Assembly and Legislative Council, where applicable).
• Take part in proceedings of any committee of the state legislature of which he may be named a member.

However, he does not have the right to vote in such proceedings.

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Under Article 194, the Advocate General enjoys all the privileges and immunities that are available to a member of the state legislature. This protects him in the exercise of his official duties and participation in legislative proceedings.

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• Article 165 is the sole article governing the Advocate General's office — a frequent trap in MCQs.
• The term is not fixed and no removal procedure is specified in the Constitution.
• Remuneration is not constitutionally fixed — determined by the Governor.
• He participates in state legislature proceedings without the right to vote.
• He resigns by convention when the ministry changes, not by constitutional compulsion.
• Qualification mirrors that of a High Court judge, not a Supreme Court judge.
• He is the state-level counterpart of the Attorney General of India, not the Solicitor General.