ADVOCATE GENERAL OF STATE ARTICLE:165 Constitution of India
QUALIFICATIONS AND TENURE He is the highest law officer appointed by the Governor Qualifications 1. A judge of high court. 2. He must be a citizen of India. 3. Must have held judicial office for 10 years or being an advocate of high court for 10 years The term of office of Advocate general is not fixed by the constitution. Constitution does not contain the procedure and grounds for his removal o He holds the office during the pleasure of governor He may also quit his office by submitting his resignation to the governor. Conventionally, he resigns when the government resigns or is replaced, as he is appointed on its advice.
DUTIES AND FUNCTIONS Chief law officer of the Government (state) Duties include: 1. To give advice to the government of India upon such legal matters, which are referred to him by the governor. assigned to him by the governor. constitution or any other law. court state in which govt. is concerned 2. To perform other such duties of a legal character that are 3. To discharge the functions conferred on him by the To appear on the behalf of govt. in all cases with in the
RIGHTS AND LIMITATIONS Advocate general official duties - is entitled to appear before any court of law within the state oRight to speak and to take part in the proceedings of state legislature But without a right to votee OEnjoy all the privileges and immunities -available to a member of state legislature Following limitations are placed on AG in order to avoid any complication & conflict of duty: He should not advise or hold a brief against the Governor(state) ONot fall in the category of government servants -not debared from private legal practice.
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