The Advocate General of state is responsible for advising the State Government on legal matters referred to him by the Governor. This is a Constitutional post and authority duly appointed per article 165 of the Constitution of India. He/She acts as the highest law officer in the State. The Advocate General also carries out all of the other legal responsibilities delegated to him by the State governor. However, the authority and functions of the Advocate General are specified in the Constitution of India under articles 165 and 177. 

This topic of the "Advocate General of State" is important from the perspective of the UPSC IAS Examination, which falls under General Studies Paper 2 (Mains) and General Studies Paper 1 (Prelims) and particularly in the Polity section. 

In this Article on the Advocate General of State UPSC, we shall discuss the Advocate General of State, Who appoints him, His qualifications, term of office, duties and functions, salary, & More!

Study major topics of Indian Polity from the perspective of UPSC Exams.

Who is an Advocate General of State?

The Advocate General of State is the highest law officer in the State. Advocate General is appointed by the Governor under Article 165 of the Indian Constitution to defend the interest of the State Government. He advises the Government of the concerned State on such legal matters and performs other legal duties as he may be assigned. He also performs the functions delegated to him by the Governor from time to time. Article 165 of Chapter 2 in Part VI of the Constitution of India provides for the office of the Advocate General for the States. However, his authority and function are specified in the Constitution of India under Articles 165 and 177. 

Who Appoints Advocate General of State?

According to Article 165 of the Indian Constitution, the Governor of each State shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State. The Advocate General of state is appointed by a Governor. He serves at the Governor's discretion and receives such compensation as the Governor determines.

What is the Qualification of the Advocate General of State?

• The Governor appoints the advocate general.
• He must be qualified to serve as a Justice in the Supreme Court of India.
• In other words, he must be an Indian citizen who has served as a judge for ten years or as a high court advocate for ten years.

Also read: Right To Equality Polity Notes For UPSC.

Constitutional Provisions Related to the Advocate General of State

Here are some important Advocate General of State articles in the Indian Constitution:

Read the article on the jurisdiction of the supreme court!

Functions of the Advocate General of the State

The advocate general's responsibilities as the State's chief legal officer include the following:

• The Advocate General is the chief legal advisor to the state government.
• He is responsible for advising all departments and ministries on legal matters.
• The Advocate General appears in court on behalf of the state in all cases involving the state.
• He represents the state before the Supreme Court and various high courts.
• It is the duty of the Advocate General to defend any proceeding or claims against the state.
• He guides and supervises public prosecutors in criminal cases taken up by the state.
• The Advocate General's office helps administer justice and maintain rule of law.
• All activities of the state relating to important litigation and legal affairs are coordinated by the Advocate General.
• District attorneys and panel lawyers are appointed under the supervision of the Advocate General.
• He plays a key role in ensuring that state policies are within the legal framework of the constitution.

Also, study the article on the Comptroller and Auditor General of India here.

Powers of the Advocate General of a State

The Advocate General of a state in India is a constitutional post and holds significant powers and responsibilities. Here are some of the key powers of the Advocate General of a state:

• The Advocate General acts as the principal legal advisor to the state government on matters of law. He provides legal opinions and advice on various issues.
• The Advocate General represents the state government in important legal cases before the High Court and other courts. They argue on behalf of the state government, present legal arguments, and defend the government's interests.
• The Advocate General oversees and manages the litigation involving the state government. They decide on legal strategies, review and approve the filing of cases. They provide guidance on the course of action to be taken in legal matters.
• The Advocate General provides legal opinions on proposed legislation, bills, and ordinances. They help ensure that the laws passed by the state government are in accordance with the constitution and other legal requirements.
• The Advocate General offers legal advice and guidance to various departments and agencies of the state government. They assist in interpreting laws, drafting legal documents, and resolving legal issues faced by the government departments.
• The Advocate General deals with constitutional matters related to the state government. They analyze constitutional provisions, rights, and obligations and provide legal guidance on constitutional issues.
• The Advocate General represents the state government in Public Interest Litigations. They defend the government's position in matters of public importance.
• The Advocate General provides legal assistance and advice to the Governor of the state on legal matters and constitutional issues.
• The Advocate General may perform other functions as assigned by the state government related to legal matters and representing the government's interest in various legal forums.

Limitations on the Powers of the Advocate General of the State

There are certain limitations on the Advocate General of a State’s powers to prevent conflict of interest and complications. Here are some of them:

• The Advocate General's powers are limited to those conferred upon him/her by law or the State government. Therefore, the Advocate General cannot act outside the scope of his/her legal powers.
• He/ She cannot give advice or take a case on behalf of government officials of the State Government.
• He/she should not advise or hold a brief in cases where he is called upon to advise or appear on behalf of the State Government.
• He/She should not advise or hold a brief against the respective State Government.
• He/she should not represent the accused in criminal proceedings without the permission of the State Government. This is to avoid any conflict of interest or perception of bias.
• The Advocate General of a State should not accept an appointment as a director in any corporation or company without the permission of the State Government.

Also read High Courts of India here.

List of Advocate General of States of India

Here is a state-wise list of Advocate Generals in India:

Read the article on the difference between lawyer and advocate!

Term of office of the Advocate General of State 

• In India, the Advocate General of State tenure is not specified by the Constitution and is subject to the Governor's discretion.
• The Constitution lacks provisions outlining the removal process and grounds for the Advocate General's dismissal, allowing the Governor to terminate their appointment at will.
• If the Advocate General wishes to step down from their public role, they can do so by submitting a resignation letter to the State Governor.
• Traditionally, when a state government's council of ministers resigns, the Advocate General of the state typically tenders their resignation as well.

Remunerations of an Advocate General of a State

• The salary of the Advocate General of India varies according to the State, which is determined by the Governors of the respective states.
• The Constitution does not fix the remuneration of the Advocate General of State.
• Some recent pay revisions for the Advocate General of States (November 2020):
  • Assistant Advocate General/Junior Most Law Officer – Rs. 55000/month
  • Deputy Attorney General and Senior Deputy Attorney General – Rs. 90,000 per month
  • Establishment officers are paid Rs. 40000 per month.
  • Advocate General – Monthly salary is estimated to be Rs. 1.25 lakh.

Also, read the article on the Supreme Court of India here.

Difference between the Advocate General and the Attorney General of India

The Advocate General and the Attorney General are both the highest legal advisors to the respective governments, but there are some differences between their roles and functions. Here are some of the key differences between the Advocate General and the Attorney General of India:

Check out the test series for UPSC IAS Exam here. 

We hope all your doubts regarding the "Advocate General of State" are addressed after going through this article. Testbook provides comprehensive notes for different competitive examinations. It has always assured the quality of its product, like content pages, live tests, GK and current affairs, mocks, and so on. Ace your preparation with the Testbook App! Register for UPSC Online Classes at an affordable price through the UPSC CSE Coaching platform to boost your IAS preparation.