The Advocate General of a State is the highest legal officer in a state government and serves as the chief legal advisor to the state government. The Advocate General is appointed by the Governor of the state on the advice of the Chief Minister and holds office during the pleasure of the Governor.
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Role and Functions
The primary role of the Advocate General is to provide legal advice to the state government on a range of issues, including constitutional matters, legislative proposals, and matters relating to state security. He represents the state government in cases before the High Court of the state and other subordinate courts.
In addition to providing legal advice and representing the government in court, the Advocate General is also responsible for the following:
- Providing legal opinions: He provides legal opinions on questions of law and issues related to the interpretation of the Constitution and other laws.
- Assisting in drafting legislation: He assists the government in drafting and vetting legislation, ensuring that it is legally sound and in compliance with the Constitution and other laws.
- Representing the government in court: He represents the state government in cases before the High Court and other subordinate courts, and also appears on behalf of the government in matters relating to public interest litigation.
- Prosecuting cases: He is responsible for prosecuting cases that are referred to him or her by the state government or the courts.
Qualifications of Advocate General of State
To be eligible for appointment as the Advocate General of a State, a person must meet the following qualifications:
- Must be a citizen of India.
- Must have been an advocate of a High Court for at least 10 years.
Removal from the Post
He can be removed by the state governor even before the completion of the term. Generally, he resigns when the government resigns.
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