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Advocate General (Role & Functions of Advocate General)

The Advocate General of a State
is a Constitutional post and authority duly appointed as per Art. 165 of the
constitution of  India.
The authority and function of the Advocate General is also specified in the
Constitution of India under Article 165 & 177.

Article 165:-

The OIC attending the A.G. office
must first contact the Deputy Secretary (Law) and thereafter the concerned
Section Incharge, depending upon the nature of the case and the purpose of his
attending the office. On obtaining the file from the relevant Section the OIC
is thereafter required to appear before the concerned Law Officer for
preparation of return. After the return has been prepared and is duly complete
with all legible documents and authorisation the same should be submitted by
the OIC to the Section Incharge for the purposes of filing alongwith the
file of the case before leaving the A.G. Office.

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 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.

The Advocate General shall hold
office during the pleasure of the Governor

Article 177: -

The OIC attending the A.G. office
must first contact the Deputy Secretary (Law) and thereafter the concerned
Section Incharge, depending upon the nature of the case and the purpose of his
attending the office. On obtaining the file from the relevant Section the OIC
is thereafter required to appear before the concerned Law Officer for
preparation of return. After the return has been prepared and is duly complete
with all legible documents and authorisation the same should be submitted by
the OIC to the Section  Incharge for the purposes of filing alongwith the
file of the case before leaving the A.G. Office.

Every Minister and the
Advocate-General for a State shall have the right to speak in, and otherwise
take part in the proceedings of, the Legislative Assembly of the State, or , in
the 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 and
Advocate General is an exalted one. He is the Supreme law officer of the
State”

” 18: Under Article 177 he
is conferred the right to audience before the Legislature of a State both in
the Assembly and the Council. Infect, he is treated on a per with
Minister.”

Refer:- (1994) I 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 the court cases in the High Court
by the State Government and the relationship between the Government and Law
Officers is that of a client and counsel.

Refer:-(1994) II 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 the
State Government and gives invaluable legal guidance to the State Government in
formulation of its policy and execution of its decisions.

Posted in NGT Advocates & Lawyers.



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