Advocate General

Advocate General is an important topic under Rajasthan Polity that deals with the highest legal officer of the state government. It explains the role, powers, and responsibilities of the AG in advising the state on legal matters and representing it in courts. Understanding this topic helps in analyzing the legal framework and functioning of the state’s executive and judiciary.

Advocate General in State Governance

• The Advocate General of the State is a constitutional post.
• It is mentioned in Article 165 of the Indian Constitution.
• He is the highest law officer of the state.
• The executive branch of the state consists of the following posts:
  • Governor
  • Chief Minister
  • Council of Ministers
  • Adv. General
• The office of the AG was established in Rajasthan after the States Reorganisation Act, 1956.
• The first AG of Rajasthan was G.C. Kasliwal (1957).

Articles relating to the Advocate General of the State

Article	Subject matter
165	Advocate General of the State
177	Powers of the Advocate General in the Houses of the State Legislature and in its Committees
194	Powers and privileges of the Advocate General

Constitutional Provisions (Article 165)

Appointment

• The Governor of each state appoints a person who is qualified to be a judge of the High Court as Advocate General.

Ability

• The qualifications required to become an AG are the same as those for a High Court Judge:
  • being a citizen of India
  • has been an advocate of the High Court for at least 10 years or
  • Must have held a judicial office for at least 10 years

Tenure

• The Advocate General does not have a fixed tenure.
• He remains in office during the pleasure of the Governor.
• The Governor can remove him from office at any time.
• He can also submit his resignation to the Governor.

Salary/Remuneration

• The salary and allowances of the AG are determined by the Governor.

Powers in the Legislature (Article 177)

• The AG of the State can participate in the proceedings of the State Legislative Assembly.
• Can deliver speeches in the House and participate in discussions.
• Can also participate in the committees of the Assembly.
• But there is no right to vote.

Functions and powers of the Advocate General (Article 194)

• To advise the State Government on legal matters.
• To perform the legal duties assigned by the Governor.
• To perform the functions assigned to it by the Constitution or other laws.
• Representing the State Government in the High Court and other courts.
• Right of Audience in any court of the state.
• To give legal opinion in matters related to the government.

Advocate General of Rajasthan (in order)

Those who became AG more than once –

• Dr. S. K. Tiwari – 2 times
• B. P. Aggarwal – 3 times (most times)
• S. M. Mehta – 2 times
• N. M. Lodha – 2 times