Chapter 46: ADVOCATE GENERAL OF STATES
He is the highest law officer in
the state. The post is created by article 165. The
term, grounds for removal,
remuneration is not fixed by the constitution and the
governor is to determine.
He can be removed by the governor anytime. He usually
resigns during change of
government. He must be qualified to be judge of HC [hold a
judicial office for
10 years within the state].
advisor to the government on matters which are referred to
him by the governor.
To discharge functions
as assigned to him by constitution.
appear on behalf of Govt of state in SC or HC when a case
government is decided.
can attend house proceeding and speak in both houses but
He has right to be
heard in all courts.
enjoys all privileges of a member of the house.
Limitations on him to prevent
conflict of interest and complications:
should not advise or hold a brief against the Government
should not advise or hold a brief in cases in which he is
called upon to advise
or appear for the Government of
should not defend accused persons in criminal prosecutions
permission of the Government of state.
should not accept appointment as a director in any company
without the permission of the
Government of state.
However it is not a full
time post and he can engage in private legal practice. He
can also be
reappointed or is eligible for any other government
appointment after ceasing
to hold office
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