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Advocate General of State - UPSC Indian Polity Notes

Article 165 of the Indian Constitution is related to the office of Advocate General of State. He is the highest law officer of the state. It is important for the UPSC 2023 examination aspirants to know relevant facts about Advocate General in India, as it is important for both Prelims and UPSC Mains GS 2 (Indian Polity.)

The topic, ‘Advocate General of State’ is an important Polity article for UPSC Prelims.

Complement your Indian Polity preparation with the following links:

  1. Polity Notes for UPSC
  2. Constitution Questions from UPSC Mains GS 2
  3. Governance Questions from UPSC Mains GS 2
  4. Government Schemes
  5. Important Acts in India
  6. Important Supreme Court Judgements for UPSC

Table of Contents:

Who appoints Advocate General of State in India?
What are the main functions of Advocate General of State?
What is the salary of Advocate General of State?
What is the difference between the Attorney General and Advocate General in India?
Constitutional Articles related to the office of Attorney General of State

Definition of Advocate General of State

The highest law officer of the states in India is called the Advocate General of State.

Some important points about the Advocate General of State in India, for UPSC, are:

  1. In the Order of Precedence, Additional Solicitor General is above the Advocate General of State.
  2. The right to be eligible for the post of Advocate General of State is conferred to only the Indian citizens, and foreigners are not eligible to hold this public office.
  3. He has full right to appear in any court of the state.
  4. He cannot vote in any proceedings of the houses of the state legislature or any committee initiated by the state legislature. He though has a right to speak and be a part of such proceedings.

Appointment of Advocate General of State

Who appoints the Advocate General of State?

The governor appoints the advocate general of state on the advice of the council of ministers of the state.. The person who is eligible to hold the office of advocate general in India must meet the following criteria:

  1. He must be an Indian Citizen
  2. He should be eligible to be appointed as the judge of the High Court; i.e. he must meet one of the following eligibility criteria:
    • A barrister having experience of more than 5 years.
    • A civil servant with an experience of more than 10 years along with an experience as a servant in Zila Court for at least 3 years.
    • A pleader over 10 years in any high court
  3. He shouldn’t be more than 62 years of age, as is the age qualification for a High Court Judge.

Read about Governor and High Court from the links below:

Governor High Court

Term and Removal of Advocate General of State

  • The Constitution does not fix the term of Advocate General in India. He remains in the office during the pleasure of the Governor.
  • The Constitution does not contain the procedure and grounds to remove the Advocate General of State. Governor can remove him/her at any point in time.
  • Resignation of Advocate General – He can resign from the public office by submitting the resignation letter to the state governor.
  • Conventionally, when a council of ministers of a state government resigns, the advocate general of state too puts down his papers.

Read about Constitution, Chief Minister and Council of Ministers from the links given below:

Constitution of India Chief Minister and Council of Ministers

Functions of Advocate General of State

The major duties and functions of the Advocate General of State are mentioned below:

  1. He is responsible to advise the state government on the legal matters that the governor refers to him.
  2. He also has to perform all the duties legal characteristics as are assigned to him by the state governor.
  3. He is bound by the Constitution for such duties and functions as is mentioned therein or any other constitutional law.

Salary of Advocate General of State

The remuneration received by the Advocate General of State is not fixed by the Indian Constitution. It varies according to the states. State governor determines the salary of the advocate general in India.

Some current updates regarding the salary of Advocate General of States (November 2020):

  • The salary of law officers in Punjab has been increased by the state government:
    1. Junior Most Law Officer/Assistant Advocate General – Rs. 55000/month
    2. Deputy Advocate General and Senior Deputy Advocate General – Rs. 90000/month
    3. Establishment officers – Rs. 40000/month
    4. Advocate General – Estimated to be Rs. 1.25 lakh/month

Note: There can be junior, deputy, and senior advocates general in an office of the state advocate general.

Difference between Advocate General and the Attorney General of India

Article 76 of the Indian Constitution deals with the Attorney General of India, while Article 165 deals with the office of Advocate General of India.

The office of Advocate General of State corresponds with the office of Attorney General of India as the former is the chief law officer of the state and the latter is the highest law officer of India.

Legal matters of the state are referred to the Advocate General while the legal matters of the union or the central government are referred to the Attorney General of India.

Aspirants can read the functions, appointment, powers and important facts about the Attorney General of India, for UPSC in the linked article.

Remember the Constitution Articles Related to Advocate General

The list of articles related to the office of Advocate General of State are mentioned in the table below:

Articles Details
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

Other related topics concerning Constitutional articles are mentioned below:

Important Articles in Indian Constitution
Article 21 of the Indian Constitution – Right to Life
Article 12 of the Indian Constitution

List of Advocate General of State

The list of state-wise advocate general in India is given below:

State Advocate General
Andhra Pradesh Subrahmanyam Sriram
Arunachal Pradesh Nilay Ananda Dutta*
Assam Devajit Lon Saikia
Bihar Lalit Kishore
Chhattisgarh Satish Chandra Verma
Goa Devidas Pangam
Gujarat Kamal Trivedi
Haryana Baldev Raj Mahajan
Himachal Pradesh Ashok Sharma
Jharkhand Rajiv Ranjan
Karnataka Prabhuling K. Navadagi
Kerala K Gopala Krishna Kurup
Madhya Pradesh Prashant Singh
Maharashtra Ashutosh Kumbhakoni
Manipur Lenin Singh Hijam
Meghalaya Amit Kumar
Mizoram Diganta Das
Nagaland K. N. Balagopal
Odisha Ashok Parija
Punjab Vinod Ghai
Rajasthan Narpat Mal Lodha
Sikkim Vivek Kohli
Tamil Nadu Thiru R.Shunmugasundaram
Telangana B. S. Prasad
Tripura Siddhartha Shankar Dey
Uttar Pradesh Ajay Kumar Mishra
Uttarakhand S. N. Babulkar
West Bengal Advocate SN Mookherjee

*The Advocate General post for Arunachal Pradesh is vacant ever since Nilay Ananda Dutta passed away on September 19, 2021

Reference – [Wikipedia]

Frequently Asked Questions on Advocate General of State

Q1

Q 1. Who appoints the Advocate General of State and what is the term of office?

Ans. The Advocate General of State is appointed by the Governor. There is no fixed term for the office of the Advocate General of State. The Constitution does not contain the procedure for its removal.
Q2

Q 2. What is the eligibility criteria to be appointed as Advocate General of State?

Ans. The Advocate General of State must be a citizen of India and must have held a judicial office for ten years or been an advocate of a high court for ten years.
Other important lists-articles are mentioned below:

List of Chief Ministers in India List of Heads of Important Offices in India
List of Finance Ministers of India List of Union Cabinet Ministers of India
List of Presidents in India Since Independence List of Governors in India

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