Madhya Pradesh Government Mono

Office of Advocate General of Madhya Pradesh

.
.

Role & Functions of Advocate General :

..
..
Introduction
Role & Functions of AG
Profile of AG
Who's who
Information for OICs
About M.P.
Home 
  
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.

  1. The Governor of each State shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State.
  2. It shall be the duty of the Advocate General to give advice to the Government  of the state upon such legal matters, and to  perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this constitution or any other law for the time being in force.
  3. The Advocate General shall hold office during the pleasure of the Governor
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 Hon’ble supreme Court of India taking into account the above mentioned Articles has held that :-

  1. " 12: The Office of and Advocate General is an exalted one. He is the Supreme law officer of the State"
  2. " 18: Under Article 177 he is conferred the right to audience before the Legislature of a State both in the Assembly and the Council. Infect, he is treated on a per with Minister."

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.