Discuss the term, appointment, duties and removal of Advocate General of state.
Structure:
Introduction: Just provide a short introduction that Advocate- General is a highest law officer in the state similar to Attorney-General of India.
Body: Mention the term, process for appointment, Duties and the procedure for removal under separate headings.
Conclusion: No necessity for conclusion for such questions. If at all required one can write about the fact that the Advocate-General generally remains till the ruling Government is in place and replaced when new government is elected.
Content:
Introduction:
The Constitution (Article 165) has provided for the office of the advocate general for the states. He is the highest law officer in the state. Thus he corresponds to the Attorney General of India.
Body:
APPOINTMENT AND TERM
The advocate general is appointed by the governor. He must be a person who is qualified to be appointed a judge of a high court. In other words, he must be a citizen of India and must have held a judicial office for ten years or been an advocate of a high court for ten years.
The term of office of the advocate general is not fixed by the Constitution. The remuneration of the advocate general is not fixed by the Constitution. He receives such remuneration as the governor may determine.
DUTIES AND FUNCTIONS
As the chief law officer of the government in the state, the duties of the advocate general include the following:
To give advice to the government of the state upon such legal matters which are referred to him by the governor.
To perform such other duties of a legal character that are assigned to him by the governor.
To discharge the functions conferred on him by the Constitution or any other law.
REMOVAL:
Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the governor. This means that he may be removed by the governor at any time. He may also quit his office by submitting his resignation to the governor. Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.