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The Advocate General of a State is a Constitutional post and authority duly appointed as per Art. 165 of the constitution of India. The authority and function of the Advocate General is also specified in the Constitution of India under Article 165 & 177. Article 165 : - The OIC
attending the A.G. office must first contact the Deputy Secretary (Law) and thereafter the
concerned Section Incharge, depending upon the nature of the case and the purpose of his
attending the office. On obtaining the file from the relevant Section the OIC is
thereafter required to appear before the concerned Law Officer for preparation of return.
After the return has been prepared and is duly complete with all legible documents and
authorisation the same should be submitted by the OIC to the Section Incharge for
the purposes of filing alongwith the file of the case before leaving the A.G. Office. |
| Article 177 : - The OIC attending the A.G. office must first contact the Deputy Secretary (Law) and thereafter the concerned Section Incharge, depending upon the nature of the case and the purpose of his attending the office. On obtaining the file from the relevant Section the OIC is thereafter required to appear before the concerned Law Officer for preparation of return. After the return has been prepared and is duly complete with all legible documents and authorisation the same should be submitted by the OIC to the Section Incharge for the purposes of filing alongwith the file of the case before leaving the A.G. Office. Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise take part in the proceedings of, the Legislative Assembly of the State, or , in the case of a State having a Legislative Council, Both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member but shall not , by virtue of this Article, be entitled to vote. The
Honble supreme Court of India taking into account the above mentioned Articles has
held that :- Refer:- (1994) I Supreme Court Cases 184 Joginder Singh Wasu V/s State of Punjab. The Advocate General
and his Law officers are basically engaged to deal with the court cases in the High Court
by the State Government and the relationship between the Government and Law Officers is
that of a client and counsel. Refer:-(1994) II SCC 204 State of U.P. & others v/s U.P. State Law Officers
Associations & others. The Advocate General and his office
defends and protects the interest of the State Government and gives invaluable legal
guidance to the State Government in formulation of its policy and execution of its
decisions. |