The governor appoints the advocate general of state on the advice of the council of ministers of the state. The person who is eligible to hold the office of advocate general in India must meet the following criteria:
He must be an Indian Citizen
He should be eligible to be appointed as the judge of the High Court; i.e. he must meet one of the following eligibility criteria:
A barrister having experience of more than 5 years.
A civil servant with an experience of more than 10 years along with an experience as a servant in Zila Court for at least 3 years.
A pleader over 10 years in any high court
He shouldn’t be more than 62 years of age, as is the age qualification for a High Court Judge.
In the order of precedence, Additional Solicitor General is above the Advocate General of State.
The right to be eligible for the post of Advocate General of State is conferred to only the Indian citizens, and foreigners are not eligible to hold this public office.
Function:
He has full right to appear in any court of the state.
He cannot vote in any proceedings of the houses of the state legislature, or any committee initiated by the state legislature. He thought has a right to speak and be a part of such proceedings.
Appointment of Advocate General of State
Term and Removal of Advocate General of State
The Constitution does not fix the term of Advocate General in India. He remains in the office during the pleasure of the Governor.
The Constitution does not contain the procedure and grounds to remove the Advocate General of State. Governor can remove him/her at any point in time.
Resignation of Advocate General – He can resign from the public office by submitting the resignation letter to the state governor.
Conventionally, when a council of ministers of a state government resigns, the advocate general of state too puts down his papers.
