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Article 165 Of Indian Constitution In English
Article 165 – Advocate General for the State.
(1) The Governor of each State shall appoint a person who is qualified to be appointed 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, and shall receive such remuneration as the Governor may determine Conduct of Government Business.
Article 165 In English
165 Article – Advocate General for the State.
(1) The Governor of every State shall appoint such person as the Advocate General for the State who is qualified to be appointed as a Judge of the High Court.
(2) It shall be the duty of the Advocate-General to advise the State Government on such legal matters and to perform such other duties of legal character as may be assigned or assigned to him from time to time. 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, and shall receive such remuneration as the Governor may determine in the conduct of official business.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 165 Of Indian Constitution?
Article 165 Debate Summary
Draft Article 145 (Article 165) was debated on 1 June 1949. It created the position of advocate general in each state, and set the terms of service for the role. A member proposed to insert clause (2) after the following: ‘(2A) In the performance of his duties, the Advocate-General shall have the right to be heard in all the courts in the State to which he is attached and to appear for such State. But also in all other courts in the territory of India including the Supreme Court.’
He believed that it was necessary for the Advocate-General to have the right of audience in all courts in the territory of India. The draft was in line with the powers of the Attorney General of India under Article 63 (Article 76) and the Public Prosecutor under the Code of Civil Procedure. He argued that if this amendment is not accepted, it may create difficulties as the Advocate General will have to obtain separate authorization every time he appears in the courts of another state.
Another member supported the amendment, saying it would also allow eminent jurists who are not enrolled in any High Court, to be appointed as Advocates General. A member of the Drafting Committee replied that unlike the Attorney General, who was to represent the interests of the Central Government throughout the country, the Advocate General should have only represented the State Government within the State; Therefore the amendment was unnecessary.
This amendment was rejected by the Assembly. The same member moved another amendment to replace clauses (3) and (4) with a provision to hold the office of Advocate General at the pleasure of the Governor. He argued that the present draft article made the tenure of the Advocate General a subject of party politics, making him vulnerable to executive interference. This amendment was accepted by the Chairman of the Drafting Committee and adopted by the Assembly. The amended draft article was adopted on 1 June 1949.
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