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.



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.

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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....

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....

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....

Duties and Functions of the Advocate General of State

Let’s examine the duties of the State’s 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):...

Limitations of Advocate General of State

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

Articles related to Advocate General of State

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

List of Advocate General of State

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

FAQs on Advocate General of State

Q1. Who appoints the Advocate General of State?...

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