Shri Vivek Sharma

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Constitutional Provisions

The Advocate General of a State is a constitutional authority appointed under Article 165 of the Constitution of India. He is the highest law officer of the State and is appointed by the Governor.

Under Article 165, it is the duty of the Advocate General to advise the State Government on legal matters and perform such duties of a legal character as may be assigned by the Governor.

Under Article 177, the Advocate General has the right to speak and participate in the proceedings of the State Legislature and its committees, though he does not have the right to vote.

Powers & Duties

• To advise the State Government on legal matters
• To represent the State in High Court and Supreme Court
• To defend State laws and policies
• To assist in drafting legal documents and policies
• To perform duties assigned by the Governor

Judicial Interpretation

The Hon’ble Supreme Court of India has recognized the office of the Advocate General as an exalted constitutional position.

In Joginder Singh Wasu v. State of Punjab (1994), the Supreme Court held that:

“The office of the Advocate General is an exalted one. He is the highest law officer of the State.”

In State of U.P. v. U.P. State Law Officers Association (1994), the Court emphasized that the Advocate General and law officers act as legal advisors to the State Government and represent its interests in courts.