Advocate-General, Conduct of Government Business etc (Article 165-167)

PART VI of the Constitution deals with the States. Article from 152-237 deals with various provisions related to States. Part 6 covers the executive, legislature and judiciary wings of the states. Having covered articles related to Council of Ministers and related info-bits in last post, let us focus on articles related to the Advocate-General for the State, Conduct of Government Business, Duties of Chief Minister as respects the furnishing of information to Governor, etc.

The Advocate-General for the State

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 166: Conduct of business of the Government of a State

(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.

Also read:  Capital Punishment, Mercy Pleas and the Supreme Court

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Article 167: Duties of Chief Minister as respects the furnishing of information to Governor, etc.

—It shall be the duty of the Chief Minister of each State—
(a) to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and
(c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Info-bits related to Advocate General

  1. Advocate General is under pleasure tenure of Governor.
  2. There is no salary for Advocate General, but only remuneration.
  3. Remuneration of Advocate General is fixed by the Governor, and not Legislative Assembly.

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