Article 165 and Advocate-General for the State
Article 165 of the Indian Constitution
Subject:
Advocate-General for the State
What does Article 165 say?
Article 165 provides for the appointment of an Advocate-General for each state in India.
Every state shall have an Advocate-General who is appointed by the Governor of the state.
The Advocate-General is the highest law officer of the state.
Role and Functions of the Advocate-General
Legal Advisor to the State Government:
The Advocate-General advises the state government on legal matters and represents the state in legal cases.
Representation in Courts:
The Advocate-General appears on behalf of the state government in cases before the High Court and Supreme Court.
Rights of Audience:
The Advocate-General has the right to speak and take part in the proceedings of the state legislature but cannot vote.
Duties:
To give advice to the state government upon such legal matters, and perform such other duties of a legal character, as may be referred or assigned to them by the Governor.
To perform functions similar to the Attorney General at the state level.
Qualifications for Appointment
The Advocate-General must be qualified to be appointed as a Judge of the High Court.
This generally means:
Being a citizen of India.
Having at least 10 years of experience as an advocate of a High Court (or two or more such courts in succession).
Tenure and Removal
The Advocate-General holds office during the pleasure of the Governor.
There is no fixed term.
Can be removed at any time by the Governor.
Summary Table
| Aspect | Details |
|---|---|
| Constitutional Provision | Article 165 |
| Appointing Authority | Governor of the State |
| Role | Chief legal advisor to the state government |
| Qualifications | Qualified to be a High Court judge |
| Rights | Right of audience in state legislature (no voting rights) |
| Tenure | At the pleasure of the Governor |
Difference from Attorney General of India
| Advocate-General (State) | Attorney General (Union) |
|---|---|
| Appointed by the Governor of the state | Appointed by the President of India |
| Advises the state government | Advises the central government |
| Works only in state jurisdiction | Works at the national level |
| Right of audience in state legislature | Right of audience in Parliament |
RELATED Blog
0 comments