an advocate general is a legal advisor to a state government. The post is created by the Constitution of India and corresponds to that of the Attorney General for India at the union government level. The Governor of each state shall appoint a person who is qualified to be appointed as judge of High Court as the Advocate General.
Who appoints the Advocate General of State?
He is appointed by 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:
- He must be an Indian Citizen
- 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 experience of more than 10 years along with experience as a servant in Zila Court for at least 3 years.
- A pleader over 10 years in any high court
- He shouldn’t be more than 62 years of age as is the age qualification for a High Court Judge.
Term and Removal of Advocate General of State
- The Constitution does not fix the term of Advocate General in India. He remains in the office during the pleasure of the Governor.
- The Constitution does not contain the procedure and grounds to remove the Advocate General of State. Governor can remove him/her at any point in time.
- Resignation: He can resign from public office by submitting the resignation letter to the state governor.
- He is responsible to advise the state government on the legal matters that the governor refers to him.
- He also has to perform all the duties legal characteristics as are assigned to him by the state governor.
- State Advocate is bound by the Constitution for such duties and functions as is mentioned therein or any other constitutional law.
The remuneration received by the State. It is not fixed by the Indian Constitution. It varies according to the states. The State governor determines the salary in India.