Polity Notes

ADVOCATE GENERAL

Advocate General is a Constitutional Post under Article – 165. He is First Lawyer of the state, state govt’s Chief Legal Advisor and Lawyer of state govt. in Supreme Court / High Courts. Advocate General is necessary for giving advice to Government of State on legal issues. He also perform the legal duties assigned to him by the state Governor. He appears in Supreme Court / High Courts on behalf of state Government. He has the RIGHT TO AUDIENCE in all Courts situated within state. (i,e he can attend proceedings of any court situated in the state and Judge will take care of his opinion & views). Though he is not a member of state legislature but can attend in proceeding of both of its houses but without VOTING RIGHT. He has all the Powers & Privileges available to a Member of state Legislature. He can’t appear against the state Government. He is Not a State Government Servant, because of this, he is NOT paid salary but a Retainer i.e. Fee. by the state govt. Retainer to Advocate General is paid from the Consolidated Fund of the state. As he is not a government Servant, he can do private practice but can’t appear against the state Government.

TENURE:

Tenure of Advocate General is 3 years but not fixed. He holds office during the Pleasure of State Governor. Governor can remove him at any time without assigning any reason. In states this is a common practice, that after the change of state government, new government do change the Advocate General. A new Advocate general of the choice of new government is appointed by Governor.

ELIGIBILITY:

A person to be eligible to be appointed as a Judge of High Court can be appointed as Advocate General of the state. Generally Senior Lawyer with vast experience is chosen by state Government to be appointed as Advocate General.

Advocate General is assisted by Additional Advocate Generals and a team of state Law officers.

Every state have their Advocate Generals.

Solicitor General Tushar Mehta was earlier Advocate General of Gujarat.

Note: The Constitution does not contain any provision for the appointment of Advocate General for the Union Territories. Delhi High Court on 31/3/2020 issued notice in petition filed by. Abhijit Mishra seeking appointment of Advocate General for Delhi.