Advocate General of India

An advocate general in India is the state government's legal counsel. The article is similar to the role of the Attorney General of India within the federal government, established by the Indian Constitution (Article 165). Every governor of a state will select an attorney general who fulfils the criteria to be appointed as a High Court judge.

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This Story also Contains

1. Definition of Advocate General of India
2. The Constitution Articles Related to Advocate General of India
3. Power of Advocate General of India
4. Limitations on the Powers of the Advocate General of India
5. Functions or Duties of the Advocate General of India
6. Appointment of Advocate General of India
7. Tenure of Advocate General of India
8. Salary; Advocate General of India
9. Advocate General of States of India
10. The distinction between India's Attorney General and Advocate General of India
11. Conclusion

Definition of Advocate General of India

The Advocate General of State is the highest-ranking legal official in each of India's states.

• The State Advocate General is beneath the Additional Solicitor General in the hierarchy of precedence.

• Only Indian nationals are granted the opportunity to run for the position of Advocate General of State; foreigners are not permitted to hold this public office.

• He is fully entitled to appear in any state court.

• In both state legislative chamber procedures and committee hearings, he is not permitted to cast a ballot. Nonetheless, he is entitled to participate in and speak during these sessions.

The Constitution Articles Related to Advocate General of India

Power of Advocate General of India

The main topics covered in Articles 165 and 177 are the authority, nomination, and duties of the Advocate General of State. By Indian Constitution Article 165,

• Each State Governor picks a qualified individual for the position of Advocate General of State (AGS).

• The State Government adheres to the recommendations of the Advocate General in dealing with any legal issues or legal duties.

• The governor may designate this highest law officer to serve in this capacity at any time. The Governor may choose the amount of compensation for this power.

In accordance with Article 177,

• During the sessions of the state legislative assembly, the Attorney General of the State has the right to address the assembly.

• They are also allowed to participate in the meetings of the legislative committee.

Limitations on the Powers of the Advocate General of India

• The Advocate General may only use the authority granted to him or her by statute or by the State government. As a result, the Advocate General is not permitted to operate outside the bounds of his or her authority.

• He or she is not permitted to offer counsel or handle matters on behalf of State government representatives.

• If requested to offer guidance or represent the State Government, they ought to either refuse or insist on a succinct note.

• They shouldn't propose ideas or initiate legal action against the government in dispute.

• Without the approval of the State Government, the individual should not act as the defence in criminal cases. This measure is taken to avoid any perception of bias or conflict of interest.

• Without the approval of the State Government, the State's Advocate General cannot take on the role of a director in any company or business.

Functions or Duties of the Advocate General of India

The following lists the Advocate General of State's principal responsibilities and functions:

• The Governor designates the Advocate General to provide legal advice to the State Government on any issue.

• The Advocate General may be assigned by the Governor to carry out any legal-related duties and obligations.

• As per the Advocate General's official responsibilities, they are eligible to participate in a trial in any state court.

• The Advocate General can be present and engage in any state legislative committee, as well as both chambers of the legislature, but lacks voting rights as a member.

• The Advocate General can represent the State Government in both the Supreme Court and the High Court.

Appointment of Advocate General of India

Based on the suggestion of the council of ministers, the governor appoints the state's attorney general. The following requirements must be fulfilled for someone to be qualified to serve as India's advocate general:

• He must be an Indian citizen.

• He should be qualified to serve as a judge of the High Court, which means he must fulfil one of the requirements listed below:

• A more than five-year legal professional.

• a government employee with over ten years of experience who has worked at Zila Court for at least three of those years.

• Over ten years of leadership in any high court

• He should not be older than 62, which is the minimum age required to be a High Court Judge.

Tenure of Advocate General of India

The length of time the Advocate General of India serves is not specified in the Constitution. He holds the position for as long as the governor sees fit.

• The Constitution does not provide the procedure or grounds for dismissing the Advocate General of State. The governor has the right to dismiss him or her at any moment.

• Advocate General's Resignation: He may step down from his position in government by sending a letter of resignation to the governor of the state.

• Traditionally, the advocate general of the state also tends to his documents upon the resignation of the council of ministers of a state government.

Salary; Advocate General of India

The Indian Constitution does not detail the remuneration for the Advocate General of the State. It varies by state. In India, the governor of the state determines the salary of the advocate general. Here are the latest updates (as of November 2020) regarding the Advocate General of States' Salary:

• The Punjab state government has increased the salaries of police officers.

• Rs. 55,000 monthly salary for Junior Most Law Officer/Assistant Advocate General

• Rs. 90,000 monthly salary for Deputy Advocate General and Senior Deputy Advocate General

• Staff members at the firm - Rs. 40,000 monthly salary

• Advocate General: Monthly Estimated Salary: Rs. 1.25 lakh

Advocate General of States of India

The distinction between India's Attorney General and Advocate General of India

Conclusion

The State Executive is composed of the Governors, the Chief Minister, the Council of Ministers, and the State's Advocate General. Article 165, Chapter 2 (The Executive), Part VI (The States) of the Indian Constitution establishes the Advocate General of The States, who is recognised as the highest legal authority in the state. The Attorney General for India supervises the State Advocate at the Centre. The Advocate General's position is therefore essential to the State Governments' day-to-day functioning under the Indian Federal System. Article 165 of the Indian Constitution addresses the duty of the Advocate General. The state office of the advocate general and the attorney general of the country have similar duties and objectives.