Advocate General of State [Part-VI : Article-165]

Article-165 in Part-VI of the Constitution provides for the office of Advocate General of State who is appointed by the Governor of the State. Advocate General of State is the chief law officer of the state.The qualification for Advocate General of State is same as a judge of a High Court and holds office during the pleasure of the Governor.

In this article read about:

1. What is Article-165?
2. Who appoints Advocate General of State?
3. What are the qualifications for Advocate General of State?
4. What is the Term of Office for Advocate General of State?
5. Who determines remuneration of Advocate General of State?
6. Who is Advocate General of State?
7. What are the duties and functions of Advocate General of State as the Chief Law Officer of the State government?

Advocate General of State [Part-VI : Article-165]

1) What is Article-165?

The office of Advocate General of State is provided by the Constitution of India under Article-165 in Part-VI.

2) Who appoints Advocate General of State?

Advocate General of State is appointed by the Governor of the State.

3) What are the qualifications for Advocate General of State?

The qualifications for the office of Advocate General of State are same as a judge of a High court i.e., 

a) Must be a citizen of India,

b) Should have held a judicial office for atleast 10 years,

OR

c) Should have been an advocate of a High Court for atleast 10 years.

4) What is the Term of Office for Advocate General of State?

a) The term of office for Advocate General of State is not fixed by the Constitution.

b) Constitution does not contain the procedure and grounds for the removal of Advocate General of State from the post.

c) Advocate General of State holds office during the pleasure of the Governor i.e., can be removed by the Governor at any time.

d) Advocate General of State can submit resignation to the Governor.

• Generally, Advocate General of State resigns when the state government (council of ministers) resigns or is replaced as he is appointed on the advice of council of ministers of the state government.

5) Who determines remuneration of Advocate General of State?

a) The remunerations for the office of Advocate General of State are not fixed by the Constitution.

b) The remuneration of Advocate General of State is determined by the Governor of the State.

6) Who is Advocate General of State?

a) Advocate General of State is  the Chief Law officer or the highest law officer in the state.

b) Advocate General of State can appear before any court of law within the state.

c) Advocate General of State has the right to speak and to take part in the proceedings of :

• both the Houses of state legislature,

• any committee of the state legislature of which he may be named a member

Note : Advocate General of State has no right to vote in the above mentioned proceedings.

d) Advocate General of State enjoys all the immunities and privileges that are available to a member of State Legislature.



7) What are the duties and functions of Advocate General of State as the Chief Law Officer of the State government?

The duties and functions of Advocate General of State as the Chief Law Officer of the State government are:

a) Advocate General of State advices state government upon legal matters which are referred to him by the Governor,

b) Advocate General of State performs other duties of legal character which are assigned to him by the Governor,

c) Advocate General of State discharges the functions conferred on him by the Constitution or any other law.

Refer more :

• Attorney General of India (Article 76)
• Attorney General of India (Article-76) vs Advocate General of State (Article-165)

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