Advocate General of State – UPSC Notes

Advocate General of State: The highest legal official, the Advocate General of State, is chosen by the Governor to represent the interests of the State Government, in accordance with Article 165. The state’s advocate general is tasked with advising the state government on legal issues. In this article, we will look into the Appointment, Duties, Provisions, Power, Terms, and Limitations of the Advocate General of the State.

What is Advocate General of State?

In India, the Advocate General of the State is recognized as the top state lawyer. According to Article 165 of the Indian Constitution, the Advocate General of State is appointed. The Governor of the State also appoints this top legal official. Along with doing any other legal tasks that may be delegated to him, he provides legal advice to the government of the State in concern. The Governor occasionally assigns his duties to complete as well. The position of Advocate General for States is established by Article 165 of Chapter 2 of Part VI of the Indian Constitution. However, the Indian Constitution’s Articles 165 and 177 specify his powers and responsibilities.

Appointment, Term, and Removal of Advocate General of State

The Governor of the State, who must be eligible to sit on the High Court, appoints the Advocate General. In particular, he or she needs to be an Indian citizen with ten years of high court judicial or legal experience. The Constitution does not specify the length of the Advocate General’s appointment or the process or reasons for the position’s dissolution. The state’s governor is always free to select the advocate general’s replacement because the governor is the one who chooses the advocate general. The Advocate General may also resign from office by giving notice to the Governor.

The Constitution also leaves it up to the Governor to determine the Advocate General’s compensation; it is not set up in the document. He or she may conduct a private law firm because it is not a full-time job. Even after leaving office, the Advocate General may still be nominated for additional government positions.

Eligibility of Advocate General of State

With the assistance of additional ministerial councils, the governor picks the state’s advocate general. The job of Advocate General in India requires that the following requirements be satisfied.

1. Citizenship: Indian citizenship is necessary.
2. Judge of the High Court: He must meet all requirements in order to be appointed. He must be a licensed lawyer with at least five years of experience. An employee of the state with at least three years of experience working for the Zila Court and more than 10 years of experience overall. An experienced court attorney with over ten years of experience.
3. Age: The age should be no more than 62.

Powers of Advocate General of State

Most of the discussion of the authority, appointment, and duties of the Advocate General of State is found in Articles 165 and 177.

According to Indian Constitutional Article 165:

• Every State Governor appoints a candidate eligible to serve as a high court judge for the position of Advocate General of State.
• According to the Advocate General’s recommendations, the state government handles all legal matters and performs all legal-related obligations.
• This top law enforcement official can serve at the governor’s pleasure. According to the Governor’s decision, this authority may be paid.

As stated in Article 177:

• The state’s attorney general is entitled to speak during legislative assembly proceedings.
• They are welcome to take part in the legislative committee’s sessions.

Duties and Functions of the Advocate General of State

Let’s examine the duties of the State’s Advocate General:

1. The Advocate General is chosen by the Governor to provide legal advice to the State Government on any problem.
2. The Governor may also give the Advocate General the responsibilities and roles of any legal entity.
3. They have the right to audience in any state court of law in accordance with the Advocate General’s official responsibilities.
4. The Advocate General may participate as a member without the right to vote in any committee or proceedings of one or both houses of the state legislature.
5. The State Government may be defended before the High Court and Supreme Court by the Advocate General.

What is the Salary of Advocate General of State?

The Indian Constitution does not set a cap on the Advocate General of State’s compensation. According to the states, it varies. In India, the remuneration of the advocate general is set by the state governor. Some recent changes to the Advocate General of States’ pay (as of November 2020):

The state government of Punjab has enhanced the pay of law enforcement officers-

• Assistant Advocate General/Junior Most Law Officer Salary: Rs. 55,000/Month.
• Senior Deputy Advocate General and Deputy Attorney General: Rs. 90000 per month.
• Officers in the establishment: Rs. 40,000 per month

The estimated monthly salary for an advocate general is Rs. 1.25 lakh. A state advocate general’s office may have junior, deputy, and senior advocates general.

Limitations of Advocate General of State

The Advocate General’s power to avoid conflicts of interest and other issues is subject to several restrictions.

• The Advocate General is not permitted to offer counsel or argue a matter on behalf of State Government officials.
• When compelled to give counsel or present in person for a government of the State, they are not permitted to do so.
• Without the State Government’s permission, the Advocate General is not permitted to represent the accused in criminal proceedings.
• Without the consent of the State Government, the Advocate General cannot be appointed as a director in any company or organization.

Articles related to Advocate General of State

The table below lists the articles that are related to the position of Advocate General of State:

Article 165	Office of Advocate General of State
Article 177	Rights of Advocate General of State w.r.t the state legislature and its proceedings
Article 194	Powers, privileges, and immunities of Advocate General.

List of Advocate General of State

Below is a list of state-wise advocate general in India, organized by state:

State	Advocate General
Andhra Pradesh	Subrahmanyam Sriram
Arunachal Pradesh	Nilay Ananda Dutta
Assam	Devajit Lon Saikia
Bihar	Prashant Kumar Shahi
Chattisgarh	Satish Chandra Verma
Goa	Devidas Pangam
Gujarat	Kamal Trivedi
Haryana	Baldev Raj Mahajan
Himachal Pradesh	Ashok Sharma
Jammu and Kashmir	D.C. Raina
Jharkhand	Rajiv Ranjan
Karnataka	Shashi Kiran Shetty
Kerala	K Gopala Krishna Kurup
Madhya Pradesh	Prashant Singh
Maharashtra	Dr. Birendra Saraf
Manipur	Naorem Kumarjit Singh
Meghalaya	Amit Kumar
Mizoram	Diganta Das
Nagaland	Vikramjit Banerjee
Odisha	Ashok Parija
Punjab	Vinod Ghai
Rajasthan	Mahendra Singh Singhvi
Sikkim	Vivek Kohli
Tamil Nadu	Thiru R.Shunmugasundaram
Telangana	B.S. Prasad
Tripura	Siddhartha Shankar Dey
Uttar Pradesh	Raghvendra Singh
Uttarakhand	S. N. Babulkar
West Bengal	SN Mookherjee

* Since Nilay Ananda Dutta’s passing on September 19, 2021, the position of Advocate General for Arunachal Pradesh has been vacant.

FAQs on Advocate General of State

Q1. Who appoints the Advocate General of State?

According to Article 165, the Governor appoints the Advocate General of State, the highest legal representative, to represent the interests of the State Government. The state’s advocate general is tasked with providing legal advice to the state government.

Q2. What is the tenure of the Advocate General of State?

The Advocate General of State’s position has no set tenure. The Advocate-General is in office as long as the Governor so determines. The process for removing it is not outlined in the Constitution.

Q3. What is the process for removal of the Advocate General of State

The procedure and grounds for removing the State Advocate General are not outlined in the Constitution. At any time, the governor may have them removed. The state governor must be notified of the Advocate General’s intention to resign from his position as a public servant.

Q4. What qualifications must one meet in order to be appointed as Advocate General of State?

The governor appoints the advocate general. He must meet the requirements to be appointed as a high court judge. To put it another way, he must be an Indian citizen and must have served as a judge or a high court advocate for ten years.

Q5. In which article Advocate General of State is mentioned?

According to Article 165 of the Indian Constitution, the Advocate General of a State is a constitutional position with legal jurisdiction. Articles 165 and 177 of the Indian Constitution also outline the role and jurisdiction of the Advocate General.

Q6. What is the work of Advocate General of state?

Responsibilities: The Advocate General represents the State Government in significant constitutional and legal cases at various levels, such as the High Courts, Supreme Court, KAT, Water Disputes Tribunal, and more. Additionally, they provide legal advice to the Government on matters referred to them.

Q7. In which article Advocate General of state is mentioned?

The Advocate General of a State is a constitutionally appointed authority, in accordance with Article 165 of the Indian Constitution. The roles and responsibilities of the Advocate General are further outlined in Article 165 and 177 of the Constitution of India.

Q8. What is the difference between Advocate General and attorney general of India?

Article 76 covers the Attorney General of India, and Article 165 addresses the Advocate General of a State. The Advocate General serves as the top legal advisor within the state, mirroring the role of the Attorney General at the national level. The Advocate General handles state legal matters, while the Attorney General manages legal affairs for the central government.

Q9. Who is the highest law officer of a state?

The Advocate General of the State holds the highest legal position within the state, as mandated by the Indian Constitution (Article 165). In essence, the Advocate General’s role is akin to that of the Attorney General of India at the state level.

Q10. Is Advocate General a gazetted officer?

No, lawyers are not considered Gazetted officers because they are not government employees and do not undergo recruitment through examinations conducted by the High Court or the government. In lower courts, individuals with the rank of Civil Judge (Junior Division) and higher are typically designated as Gazetted Officers. In High Courts, such as Allahabad, Review Officers and higher-ranking officials hold the Gazetted Officer status.