Article 165 Simplified: Advocate-General for the State

Official Text

Advocate-General for the State.-(1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State. (2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. (3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.

Simple Meaning

Article 165 creates the post of the Advocate-General, who is the highest law officer for a State Government. Their job is to give legal advice to the state and represent the government in the High Court.

Explain Like Ten

The Advocate-General is the chief lawyer for the state government. Whenever the government needs legal advice or has a case in court, this person represents and defends them.

Student Mode

Creates the office of the Advocate-General for the State, which is the state-level counterpart of the Attorney-General for India (Article 76). The Governor appoints a person qualified to be a High Court Judge. The Advocate-General advises the state government on legal matters, performs legal duties assigned by the Governor, and holds office during the pleasure of the Governor, receiving remuneration determined by the Governor. Under Article 177, they have the right to speak and take part in proceedings of both Houses of the State Legislature, but without the right to vote.

Example

If a new state policy is challenged in the High Court, the Advocate-General goes to court to defend the state's decision legally.

Key Takeaway

The Advocate-General is the state government's chief lawyer.

FAQs

Is it the same as Attorney-General?

AG (Art 76) is for the Central Government; Advocate-General (Art 165) is for the State Government.

What is the role of the Advocate General and to whom is he accountable?

The Advocate General is the chief legal adviser to the State Government. He is appointed by the Governor and holds office during the Governor's pleasure. He has the right to appear before any court in the State, can address both Houses of the State Legislature, and is entitled to all privileges of a Member of the Legislature — but has no voting rights.

What are the qualifications required to be appointed as the Advocate-General?

The candidate must be a citizen of India and qualified to be appointed as a Judge of a High Court, which means they must have held a judicial office in India for at least 10 years or been an advocate of a High Court for at least 10 years.

Does the Advocate-General have a fixed tenure?

No. The Constitution does not specify a fixed tenure. The Advocate-General holds office during the 'pleasure of the Governor', meaning they can be removed by the Governor at any time. By convention, they usually resign when the state government changes.

Quiz

Highest law officer of a State is:

Answer: Advocate-General

Who appoints the Advocate-General of a State under Article 165?

Answer: The Governor of the State

To be appointed as an Advocate-General, a person must be qualified to be appointed as a judge of which court?

Answer: A High Court

Related Topics

• Article 76