ROLE AND FUNCTION OF THE ADVOCATE GENERAL
The Advocate General of a State is a Constitutional post and authority duly appointed as per Article 165 of the Constitution of India. The authority and function of Advocate General is also specified in the Constitution of India under Article 165 and 177.
Article 165: Advocate General for the State
- The Governor of each State shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State.
- It shall be the duty of the Advocate General to give advice to the Government of concerned 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.
- The Advocate General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the governor may determine.
Article 177:
Every Minister and the Advocate-General for a State shall have the right to speak-in, and otherwise take part in the proceedings of Legislative Assembly of the State or in case of a State having a Legislative Council; Both Houses, and to speak-in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member but shall not; by virtue of this Article, be entitled to vote.
The Hon’ble Supreme Court of India taking into account the above mentioned Articles has held that:
" 12: The Office of Advocate General is an exalted one. He is the Supreme law officer of the State"
" 18: Under Article 177 he is conferred with the right to audience before the Legislature of a State both in the Assembly and the Council. Infact, he is treated on at par with Minister."
Reference 1: (1994) Supreme Court Cases 184
Joginder Singh Wasu v/s State of Punjab
The Advocate General and his Law officers are basically engaged to deal with court cases in the High Court by State Government and the relationship between the Government and Law Officers is that of a client and counsel.
Reference 2: (1994) SCC 204
State of U.P. & Others v/s U.P. State Law Officers Associations & others
The Advocate General and his office defends and protects the interest of State Government and gives invaluable legal guidance to the State Government in formulation of its policy and execution of its decisions.