Actual Article
Article 165: Advocate-General for the State
- There shall be an Advocate-General for the State.
- The Advocate-General shall be appointed by the Governor and shall hold office during his pleasure.
- The person to be appointed as Advocate-General must be qualified to be appointed as a Judge of a High Court.
- In the performance of his duties, the Advocate-General shall have the right of audience in all courts in the State.
- The remuneration of the Advocate-General shall be determined by the Governor.
UPSC Notes for Article 165
Explanation:
- Role and Appointment:
- The Advocate-General serves as the chief legal advisor to the State Government. The position is akin to that of the Attorney General of India but functions at the state level.
- The Governor appoints the Advocate-General, who then serves at the pleasure of the Governor, meaning there is no fixed term, and they can be removed at any time by the Governor.
- Qualifications:
- A candidate for Advocate-General must meet the qualifications necessary to be appointed as a Judge of the High Court. This typically involves a certain number of years of legal practice and a reputation for fairness and competence.
- Right of Audience:
- The Advocate-General has the right of audience in all courts within the state. This means they can represent the state government in any legal proceedings and offer legal advice on any matter.
- Remuneration:
- The salary and other benefits for the Advocate-General are determined by the Governor.
Important Cases and Commissions Related to Article 165
Cases:
- State of Karnataka vs. Union of India (1977): This case emphasized the role of the Advocate-General in representing the state in legal matters and providing expert legal advice to the state government.
- Anil Kumar vs. Union of India (2011): Discussed the importance of the independence of the Advocate-General and the necessity for them to act without political influence.
Commissions:
- Law Commission of India: Various reports from the Law Commission have suggested reforms to enhance the functional autonomy of the Advocate-General to ensure that their advice remains impartial and in line with the law.
- Second Administrative Reforms Commission: Recommended strengthening the role of Advocate-Generals to enhance legal frameworks at the state level.
Previous Year Prelims Questions Related to Article 165
- (UPSC Prelims 2016) Who appoints the Advocate-General of a State?
- A. The President
- B. The Governor
- C. The Chief Minister
- D. The State Legislature Correct Answer: B. The Governor
- (UPSC Prelims 2018) Which of the following statements is correct regarding the Advocate-General of a State?
- A. Appointed for a fixed term of five years
- B. Must be qualified to be appointed as a Judge of the Supreme Court
- C. Has the right of audience in all courts within the state
- D. Receives a salary fixed by the Central Government Correct Answer: C. Has the right of audience in all courts within the state
Previous Year Mains Questions Related to Article 165
- Mains 2016: “Evaluate the role of the Advocate-General in state governance as described in Article 165. How does this role impact the legal proceedings and advice provided to the state government?”
- Mains 2019: “Discuss the importance of the qualifications and independence of the Advocate-General in maintaining the rule of law at the state level.”
Additional Insights:
- Legal Adviser: The Advocate-General plays a crucial role in advising the state government on legal matters, ensuring that its actions comply with the law.
- Judicial Interface: Acts as a critical link between the state government and the judiciary, representing the state in court cases and helping to shape the legal environment of the state.
- Impartiality and Integrity: The independence of the Advocate-General is vital for maintaining legal integrity and ensuring that government actions are legally sound.
Understanding Article 165 is crucial for UPSC aspirants as it provides insights into the legal framework at the state level, highlighting the role and responsibilities of the Advocate-General in advising and representing the state government in legal matters. This knowledge is essential for both preliminary and main examinations, offering a deeper understanding of the interaction between legal advisory roles and state governance.