Question.
Critically examine the process of appointment of the Advocate General and his functions in Uttar Pradesh.
(UPPSC Mains General Studies-V/GS-5 2023 Solutions)
Answer.
About Advocate General of State | Advocate General in Uttar Pradesh:
- Article 165 of the Indian Constitution is about the office of the Advocate General of State.
- He/She is the highest law officer of the state.
Critical Examination of the process of appointment of the Advocate General of the State:
Appointments:
The governor appoints the Advocate General of the State on the advice of the Chief Minister of the state, who may appoint any person qualified to be appointed as a judge of a High Court.
In other words, he/she should be a citizen of India and have practiced as an advocate for at least ten years.
Political influences:
The appointment of the Advocate General may have political motives, as it is often filled by legal experts who are aligned with the ruling political party or government in power.
Lack of Transparency:
The process of appointment of the Advocate General is not transparent, and there may be limited public scrutiny in the selection process.
Tenure and remuneration:
The Advocate General serves at the pleasure of the Governor and does not have a fixed term of office.
He/she receives remuneration as determined by the Governor.
Functions of Advocate General of State:
Chief Legal Advisor to the Uttar Pradesh Government:
The primary function of the advocate general is to provide legal advice and opinion to the state government ( all departments and ministers) on matters of law, constitutional issues, and legislative proposals.
Chief Advocate of the State Government:
The Advocate General represents the state government in court legal proceedings ( High Court and Supreme Court).
He/She acts as the chief advocate for the state and defends the state's interests in legal matters.
Custodian of Public Interest:
The advocate General acts as custodian of public interest and upholds the rule of law by the state government actions as per law.
It also intervenes in public interest litigation cases on behalf of the state government to protect the public interest and uphold the rights of citizens.
The Advocate General of the State plays a crucial role in providing legal advice and representation to the State government, there are concerns regarding the process of appointment.
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