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Introduction
The Constitution (Article 165) establishes the position of the advocate general for the states, serving as the highest legal officer in the state. This role is analogous to the Attorney General of India.
Appointment and Term
The Advocate General is appointed by the Governor and must be qualified to serve as a High Court judge. This means the individual must be an Indian citizen and should have either held a judicial office for ten years or practiced as an advocate in a High Court for the same duration.
Governor of state appoint State Advocate General
- The term of office for the advocate general is not set by the Constitution.
- The Constitution does not outline how the advocate general can be removed or the reasons for removal.
- The advocate general serves at the governor's pleasure, meaning the governor can remove them at any time.
- The advocate general can also leave their position by giving a resignation to the governor.
- Typically, the advocate general resigns when the government or council of ministers resigns or is changed, as they are appointed based on their advice.
- The Constitution does not specify the salary of the advocate general.
- The advocate general earns a salary determined by the governor.
Question for Laxmikanth Summary: Advocate General of the State
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What are the eligibility criteria for appointment as the advocate general for the states?View Solution
Duties and Rights
- Advocate General's Role: The Advocate General serves as the chief legal officer for the state government.
- Legal Advice: One of their main responsibilities is to provide legal advice to the state government on matters referred by the governor.
- Additional Duties: They perform other legal tasks as assigned by the governor.
- Constitutional Functions: The Advocate General carries out functions that are given to them by the Constitution or any other law.
- Legislative Participation: The Advocate General has the right to speak and participate in discussions in both Houses of the state legislature or any committee they are appointed to, but they do not have the right to vote.
- Privileges: They enjoy all the privileges and immunities that are available to members of the state legislature.
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FAQs on Laxmikanth Summary: Advocate General of the State - Indian Polity for UPSC CSE
| 1. What is the role of the Advocate General of the State? |  |
Ans. The Advocate General of the State is the highest law officer of the state government. They represent the state government in legal matters and provide legal advice. They also represent the state government in the High Court and other courts.
| 2. How is the Advocate General appointed and for how long is their term? | |
Ans. The Advocate General is appointed by the Governor of the state. Their term is not fixed and they hold office during the pleasure of the Governor.
| 3. What are the duties of the Advocate General? | |
Ans. The Advocate General has several duties, including representing the state government in legal matters, providing legal advice to the government, appearing in court on behalf of the government, and assisting the government in framing laws and policies.
| 4. What are the rights of the Advocate General? | |
Ans. The Advocate General has the right to speak and take part in proceedings of the state legislature, but they do not have the right to vote. They also have the right to be heard in any court in which the state government is a party.
| 5. Can the Advocate General be removed from office? | |
Ans. Yes, the Advocate General can be removed from office by the Governor if they deem it necessary. However, the Governor must follow the due process of law and give the Advocate General an opportunity to be heard before removing them from office.
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