Article 165 of the Costitution of India with Case law
🔹 Article 165 of the Constitution of India – Advocate-General for the State
📘 Bare Text of Article 165
Article 165(1):
There shall be an Advocate-General for each State, who is appointed by the Governor of the State and holds office during the pleasure of the Governor.
Article 165(2):
It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters as referred to him by the Governor and to perform such other duties of a legal character as are assigned by the Governor.
Article 165(3):
The Advocate-General shall have the right of audience in any court in the State.
🔍 Key Features
| Feature | Description |
|---|---|
| Appointment | By the Governor of the State |
| Eligibility | Must be qualified to be a judge of a High Court (as per Article 217) |
| Tenure | Holds office during the pleasure of the Governor |
| Duties | Legal advisor to the State Government; may perform other legal tasks as assigned |
| Right of Audience | Has the right to speak in any court in the state, including High Court |
🔧 Role of Advocate-General
Equivalent to the Attorney General of India, but at the state level.
Not a government servant, but a constitutional authority.
Cannot be a member of the legislature or hold any office of profit simultaneously.
⚖️ Important Case Laws on Article 165
1. State of Uttar Pradesh v. Johri Mal, (2004) 4 SCC 714
Issue: Challenge to the removal of a government counsel.
Held: The appointment and removal of government counsels (like Advocate-General or public prosecutors) are subject to executive discretion.
Relevance: Clarified that Governor's pleasure governs the tenure of Advocate-General under Article 165(1).
2. M. Karunanidhi v. Union of India, (1979) 3 SCC 431
Issue: Constitutional validity of a state act.
Observation: The role of the Advocate-General in such cases is to defend the constitutionality of state actions.
Relevance: Highlights the legal and constitutional responsibility of the Advocate-General.
3. P.N. Duda v. P. Shiv Shankar, AIR 1988 SC 1208
Though focused on the Attorney General, the SC held that constitutional advisors like the AG and Advocate-General enjoy freedom of speech in court and cannot be silenced when performing their official duties.
Relevance: Applies mutatis mutandis to the Advocate-General under Article 165(3).
4. Hargovind Pant v. Raghukul Tilak, (1979) 3 SCC 458
Issue: Appointment of government legal advisors as governors.
Held: A person holding an office like that of Advocate-General cannot hold any office of profit under the government.
Relevance: Reinforces constitutional neutrality of the Advocate-General.
📝 Summary Table
| Clause | Provision |
|---|---|
| 165(1) | Advocate-General to be appointed by Governor |
| 165(2) | Duties include legal advice and functions assigned by Governor |
| 165(3) | Right of audience in any court in the state |
✅ Conclusion
Article 165 establishes the Advocate-General as the chief legal officer of the State, mirroring the role of the Attorney General at the Union level. The Advocate-General plays a vital constitutional role in ensuring that the state’s actions are legally sound and defendable in court. The office is designed to be independent, professional, and constitutionally protected.
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