Advocate General: Role, Function & Appointment in Indian Polity |
Advocate General (ART. 165) in Indian Polity: Key Aspects for UPSC Exam Preparation
To prepare for INDIAN POLITY for any competitive exam, aspirants have to know about the Advocate General (AG). It gives an idea of all the important topics for the IAS Exam and the polity syllabus (GS-II.). Important AG. terms are important from the polity and governance perspectives in the UPSC exam. IAS aspirants should thoroughly understand their meaning and application, as questions can be asked from this static portion of the IAS Syllabus in both the UPSC Prelims and the UPSC Mains exams.
In this article, you can read about the Basics, Background, Objectives, Composition, tenure, Functions etc about the AG for the UPSC and SPSC.
Role and Significance of the Advocate General: Article 165 in State Jurisprudence
- Article 165 has provided for the office of the Advocate General.
- Highest law officer in the state
Advocate General: Appointment, Qualifications and Tenure under Indian Constitution
- Appointed by GOVERNOR
- He must be qualified to be the Judge of HIGH COURT (Citizen of India, held judicial office for 10 years or is an advocate of HC for 10 years)
- term of office not fixed by constitution
- Constitution has no procedure for his removal.
- Holds office during the pleasure of the Governor.
- Receives remuneration as Governor may determine
Advocate General’s Crucial Role: Legal Advice, Duties and Government Representation
- Chief Law officer of the State Government.
- Give advice to State Government on legal matters which are referred to him by the governor.
- Perform duties of a legal character that are assigned to him
by the governor. - Discharge functions conferred on him by the constitution or any other law.
- Governor may assign the following duties to AG of the State
- To appear on behalf of government
- To represent the government
- To appear when required by the government in any high court
Advocate General: Rights, Privileges and Duties in the State Government
| Rights | Limitations |
| Right of audience in all courts within the state.
Right to speak and take part in the proceedings of both the houses of State Legislature, joint sitting, or any committee proceedings. Does not have the right to vote. He enjoys all privileges and immunities that are available to a member of the state legislature. |
Should not advice against the State Government
Should not defend accused person in criminal proceedings Should not accept appointment as director in any company or corporation without government permission. |
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