Who Is The Advocate General?
A state's attorney general is a top legal authority. In common law and hybrid jurisdictions, the officer serves as a legal counselor to the government, similar to the attorney general's job in other legal systems and hybrid jurisdictions.
In contrast, in the European Union and certain jurisdictions in continental Europe, the officer serves as an impartial legal advisor to the courts.
An advocate general is a state government's legal counsel in India. The position is established by the Indian Constitution and corresponds to the Attorney General of India at the national level.
Each state's Governor shall appoint individuals qualified to serve as high court judges. There is no specified term or age limit for the Advocate general's position.
Advocate General as a Career
By Article 165 of the Constitution of India, the Governor of each state appoints an Advocate General as the state's top legal authority.
The role of the Advocate General is comparable to that of India's Attorney General (highest legal officer of the Government of India). The sole distinction is that an Advocate General handles all state-level tasks.
The Office of the Advocate General is distinguished and extremely constitutional. Advocate General possesses all administrative and financial authority.
He is the head of the Advocate General Office. He is supported by a group of Law Officers, including Additional Advocates General, Senior Deputy Advocates General, Deputy Advocates General, and Assistant Advocates General. In addition, the Advocate-general will oversee the offices of the Government Pleaders, etc.
These Law officers are primarily tasked with litigation work under the direction and supervision of the Advocate General. Various Government Advocates and Government Pleaders are tasked with handling cases about a variety of topics before the High Court.
Similarly, the criminal work is divided between the State Public Prosecutors, Additional State Public Prosecutors, and others.
The State Government primarily retains Advocate General and his Law officers to handle court cases in the High Court. The relationship between the State Government and Law Officers is analogous to that of client and attorney.
They provide valuable legal counsel to the State Government in formulating and implementing its policies and decisions. Additionally, they must draft and file petitions, affidavits, statements, counter-affidavits, and appeals.
Advocate General plays a crucial role in the state's political, legal, constitutional, statutory, legislative, and administrative duties.
He has the right to speak and participate in the proceedings of both Houses of the State Legislature and in the proceedings of any review panel of the Legislature to which he may be appointed, but he does not have the right to vote. He enjoys all legislative benefits available to a member of a legislature.
Advocate General's duties and responsibilities include:
- To provide legal counsel to the State Government on all legal matters and to carry out all legal duties that the Governor may refer to or assign to him from time to time.
- To carry out the responsibilities delegated to him by the Constitution or any other law at the time.
- To represent the state in civil and criminal cases, including appeals and other proceedings filed in the High Courts, Supreme Court, and other Courts.
- He has the right to appear before any court in the state for which he has been appointed Advocate General.
- In cases against the government, he should never represent a private party.
