Chapter 46: ADVOCATE GENERAL OF STATES

Introduction

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].

Duties:

1.    Legal advisor to the government on matters which are referred to him by the governor.

2.    To discharge functions as assigned to him by constitution.

3.    To appear on behalf of Govt of state in SC or HC when a case concerning the government is decided.

 

Rights and Limitations:

1.    He can attend house proceeding and speak in both houses but can’t vote.

2.    He has right to be heard in all courts.

3.    He enjoys all privileges of a member of the house.

 

Limitations on him to prevent conflict of interest and complications:

  1.  He should not advise or hold a brief against the Government of state.

  2.  He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of state.

  3.He should not defend accused persons in criminal prosecutions without the permission of the Government of state.

  4.He should not accept appointment as a director in any company or corporation 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

Quiz

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