Why this matters now
Advocate General is tested for: Article 165 (analogous to AG under Article 76); eligibility (qualifications of HC judge); appointment by Governor; pleasure tenure; right of audience in all courts within the State; right to speak in State Legislature without vote; analogous protection under Article 177 + 194(4). High Court advocates with 10 yr standing or HC judges 5 yr eligible.
Article 165 + 177 + 194(4)
| Article | Provision |
|---|---|
| 165(1) | Governor of each State shall appoint a person qualified to be a High Court judge as Advocate General. |
| 165(2) | Duty to advise State Government on legal matters and perform legal duties referred or assigned by Governor. |
| 165(3) | Holds office during pleasure of Governor; receives remuneration as Governor determines. |
| 177 | Right to speak in either House of State Legislature + any committee — but NOT entitled to vote. |
| 194(4) | Same parliamentary privileges as State Legislature members for participation. |
Eligibility: citizen of India + held judicial office for 10 years in territory of India OR HC advocate for 10 years.
No fixed term. Conventionally resigns when government in office changes.
Limitations (similar to AG):
- Cannot advise/hold brief against State Government.
- Cannot defend criminal accused without State Govt permission.
- Can engage in private practice.
- Cannot be a director of a company without State Govt permission.
Comparison: AG (Centre) vs AG (State)
| Aspect | Attorney General | Advocate General |
|---|---|---|
| Article | 76 | 165 |
| Appointed by | President | Governor |
| Qualifications | SC judge | HC judge |
| Tenure | Pleasure of President | Pleasure of Governor |
| Right of audience | All courts in India (Art 76(3)) | All courts within the State (under Advocates Act 1961 + Art 165) |
| Right to vote in Parl/SLA | No (Art 88) | No (Art 177) |
| Statutory law officers below | Solicitor General + 4 ASGs | Additional Advocates General (state-wise) |
Recent & misc
Famous Advocates General of Tamil Nadu: P. Wilson (2017-19), R. Shunmugasundaram (2021-present). Maharashtra: Birendra Saraf (2022-present). Karnataka: K. Shashi Kiran Shetty (2024-). Uttar Pradesh: Ajay Kumar Mishra (since 2017, longest serving). High Court advocates of 10 years’ standing can be appointed Advocate General.
UPSC angle
Know ADVOCATE GENERAL OF STATE — Article 165 Constitution (analogous to AG Art 76); FIRST LAW OFFICER OF STATE; APPOINTED by GOVERNOR; ELIGIBILITY = qualifications of HC judge = citizen + judicial office 10 yrs OR HC advocate 10 yrs; ART 165(2) duty advise State Govt + perform legal duties referred by Governor; ART 165(3) holds office during PLEASURE OF GOVERNOR; ART 177 right to speak in either House of State Leg + committees but NO VOTE; ART 194(4) parliamentary privileges; CONVENTIONAL LIMITATIONS: cannot brief against State Govt, cannot defend criminal accused without State Govt permission, can engage private practice, no director of company without permission; AG vs AG-State: Art 76 vs 165, President vs Governor, SC judge qual vs HC judge qual, audience all India vs within State, no vote both, SG+4 ASGs vs Additional Advocates General; ADDITIONAL ADVOCATES GENERAL (statutory state-level law officers).
Frequently asked questions
What is the Advocate General?
The first law officer of a State under Article 165 — State equivalent of the Attorney General of India.
Who appoints the Advocate General?
The Governor of the State — holds office during the pleasure of the Governor.
Can Advocate General take private cases?
Yes — the Advocate General can engage in private practice but cannot advise or hold brief against the State Government, nor defend accused in criminal cases without State Govt permission.
Is there a fixed term for Advocate General?
No — holds office during the pleasure of the Governor. Conventionally resigns when the state government changes.