47. Advocate General Of The State Flashcards
Appointment and term of Advocate General of the State:
The Advocate General is appointed the GOVERNOR.
He must be a person WHO IS QUALIFIED TO BE APPOINTED AS THE JUDGE OF THE HIGH COURT. i.e.
- citizen of India
- must have held a judicial office for 10 yrs or
- been an advocate of high court for 10 yrs
Terms of his office and procedure and grounds of his removal are not prescribed by the constitution. He holds office during the pleasure of the governor. This means he may be removed by the governor at any time. He may also quit his office by submitting his resignation to the governor.
Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.
His remuneration is not fixed by the constitution. He receive such remuneration as the governor may determine.
Advocate General of the State:
The constitution (Article 165) has provided for the office of the advocate general for the states.
HE IS THE HIGHEST OFFICER IN THE STATE. Thus he corresponds to the AG of India.
What are the duties and functions of the Advocate General of the State?
As CHIEF LAW OFFICER OF THE STATE GOVT. His duties include:
- To GIVE ADVICE to the govt of the state upon such legal matters which are referred to him by the governor.
- To PERFORM SUCH OTHER DUTIES OF LEGAL CHARACTER that are assigned to him by the governor.
- To DISCHARGE THE FUNCTIONS CONFERRED ON HIM BY THE CONSTITUTION OR ANY OTHER LAW.
In the performance of his duties, the AG of State is entitled to appear before any court of law within the state.
He has a right to speak and take part in the proceedings of both the houses of the state legislature or any committee of the state legislature of which he may be named a member, but without the right to vote.
He enjoys all the privileges and immunities that are available to a member of the state legislature.
