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The Constitution, Made Understandable.

Article 165

Advocate-General for the State

Official heading: “Advocate-General for the State.”

Check this article against the official editionAwaiting human legal review
Source edition
The Constitution of India (as on 1 May 2026)
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Part VI, Article 165, printed page 74
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1. In One Sentence

Article 165 creates the constitutional office of Advocate-General for the State, appointed by the Governor to give legal advice to the State government and conduct litigation.

2. What It Means in Everyday Language

Article 165 establishes the highest law officer in the State: the Advocate-General. This office is the State counterpart of the Attorney-General for India under Article 76.

To be qualified for appointment, a person must be qualified to be appointed a Judge of a High Court (Indian citizen with at least ten years of judicial office or ten years of High Court advocacy under Article 217).

Duties and Tenure: The Advocate-General advises the State Government on legal matters referred by the Governor, performs legal duties assigned by the Constitution or statutes, and holds office during the pleasure of the Governor, receiving remuneration determined by the Governor.

3. Practical Illustrative Example

Everyday Scenario:

The State government faces a major constitutional challenge in the High Court regarding a new social welfare statute.

Core takeaway: Under Article 165, the Advocate-General appears on behalf of the State government to defend the constitutional validity of the legislation.
Illustrative Notice: The Advocate-General is a constitutional adviser, not a political member of the Cabinet, although by convention they usually resign when a government changes.

4. Important Limits, Qualifications & Exceptions

Article 165 establishes the chief constitutional legal adviser to the State government.

  • High Court judicial qualifications required under Article 217.
  • Advises the State Executive on constitutional and complex legal questions.
  • Holds office during the pleasure of the Governor (acting on State Cabinet advice).
  • Possesses right to speak in State Legislature under Article 177, but without voting rights.

5. Operative Constitutional Text

(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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 165, printed page 74 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

Related Constitutional Articles to Explore:

Go to ARTICLE 76 →Go to ARTICLE 166 →Go to ARTICLE 177 →Go to ARTICLE 217 →