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Advocate General of the State

Advocate General of the State

Definition of Advocate General of the State

  • The highest law officer of the states in India is called the Advocate General of the State.
  • Some important points about the Advocate General of the State in India, for UPSC, are:
  1. In the Order of Precedence, Additional Solicitor General is above the Advocate General of State.
  2. The right to be eligible for the post of Advocate General of State is conferred to only the Indian citizens, and foreigners are not eligible to hold this public office.
  3. He has full right to appear in any court of the state.
  4. He cannot vote in any proceedings of the houses of the state legislature or any committee initiated by the state legislature. He though has a right to speak and be a part of such proceedings.

Appointment of Advocate General of the State

The governor appoints the advocate general of the state on the advice of the council of ministers of the state.. The person who is eligible to hold the office of advocate general in India must meet the following criteria:

  1. He must be an Indian Citizen
  2. He should be eligible to be appointed as the judge of the High Court; i.e. he must meet one of the following eligibility criteria:
    • A barrister having experience of more than 5 years.
    • A civil servant with an experience of more than 10 years along with an experience as a servant in Zila Court for at least 3 years.
    • A pleader over 10 years in any high court
  3. He shouldn’t be more than 62 years of age as is the age qualification for a High Court Judge.

Limitations on him to prevent conflict of interest and complications:

  • He should not advise or hold a brief against the Government of state.
  • 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.
  • He should not defend accused persons in criminal prosecutions without the permission of the Government of state.
  • 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

Rights of the Advocate General:

(1) In the performance of his official duties, he has the right of audience in any court in the State.

(2) He has the right to speak or to take part in the proceedings of state legislature, but without a right to vote.

(3) He has the right to speak or to take part in the meeting of any committee of the state legislature of which he is named as a member, but without a right to vote.

(4) He enjoys all the privileges and immunities that are available to a member of the state legislature.

 

ALSO READ : https://www.brainyias.com/salient-features-of-the-constitution/

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