Advocate General of the State (AGS)

About

• The Constitution of India has established the office of the Advocate General of the State (AGS) as the highest law officer within the State.
• Since it is established at once beneath the provisions of the Constitution, it’s a Constitutional Body.
• The Advocate General of the State is the Chief Legal Advisor to the State Government and advises it on all felony matters.
• The Advocate General of the State is likewise the primary legal professional of the State Government and is its prison consultant in the Supreme Court of India and High Courts.
• The Advocate General of the State is a part of the State Executive.

• It is to be referred to that the Advocate General of the State is not a member of the State Cabinet. There is a separate Law Minister to look after criminal matters on the state government level.

Constitutional Provisions Regarding Advocate General of the State (AGS)

Appointment of Advocate General of the State

• The Advocate General of a state is appointed by the Governor of the concerned State.

Qualifications of Advocate General of the State

• To be appointed as the Advocate General of the State, someone needs to be eligible to be appointed as a judge of the High Court. Thus, he/she
  • Must be a citizen of India,
  • Must have held a judicial office (within the judicial provider of the State) for 10 years; OR been an endorsee of a High Court for 10 years.

Term of Advocate General of the State

The term of office of the Advocate General isn’t fixed by the Constitution.

Removal of Advocate General of the State

• The Constitution does not incorporate the system and grounds for the elimination of the Advocate General.
• He holds office throughout the satisfaction of the Governor.
• Thus, he/she may be eliminated by the Governor at any time.

Resignation of Advocate General of the State

• The Advocate General can also resign his office by submitting his resignation to the Governor of the State.
• It has been a conference that he/she resigns when the government (Council of Ministers) resigns or is replaced, as he’s appointed on the advice of the Council of Ministers.

Remuneration of Advocate General of the State

• The remuneration of the Advocate General is not constant by using the Constitution.
• He receives such remuneration as determined with the aid of the Governor.

Duties of Advocate General of the State

• To advise the Government of the State upon such criminal subjects, which might be stated to him by the Governor.
• To carry out such different responsibilities of a criminal man or woman that are assigned to him by using the Governor.
• To discharge the capabilities conferred on him by the Constitution or some other law.

Rights of Advocate General of the State

• He/she has the ‘Right of Audience’ in all courts inside the territory of the State inside the overall performance of his/her legit responsibilities.
• He/she has the ‘Right to Speak’ and to ‘Take component inside the Proceedings’ of each the Houses of the State Legislature or any committee of the State Legislature of which he may be named a member however without the right to vote.
• He enjoys all the privileges and immunities which are available to a Member of the State Legislature.

Limitations on Advocate General of the State

• He must no longer maintain briefs in any court docket for any party besides the respective State Government.
• He need not recommend any birthday celebration in opposition to the respective State Government in which he is likely to be referred to as upon to recommend or seem for the Government of the State.
• He should not guard an accused individual in a criminal prosecution, without the permission of the respective State Government.
• He should not receive appointment to any office in any business enterprise or employer without the permission of the respective State Government.

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