Maharashtra Advocate General Resigns

• 17 Sep 2025

Why in News?

Maharashtra’s Advocate General Birendra Saraf, who was appointed as AG in December 2022, has resigned, citing personal reasons.

• He will continue in office until January 2026, giving the government time to appoint his successor.

Key Points

• Constitutional Provision: The office of the Advocate General for the States is established under Article 165 of the Indian Constitution.
  • The Advocate General is the highest law officer in a state, corresponding to the Attorney General of India at the national level.
• Appointing Authority: The Advocate General is appointed by the Governor of the state.
• Eligibility:
  • The appointee must be qualified to be appointed as a judge of a High Court.
  • He must be a citizen of India and must have:
    • Held a judicial office for at least ten years, or
    • Been an advocate in a High Court for at least ten years.
• Term of Office:
  • The Constitution does not specify a fixed term for the Advocate General.
  • The office is held during the pleasure of the Governor, meaning the Governor can remove the Advocate General at any time.
• Resignation:
  • The Advocate General may resign at any time by submitting his resignation to the Governor.
  • Conventionally, he resigns when the Council of Ministers resigns or is replaced, as he is appointed on the advice of the Council of Ministers.
• Remuneration:
  • The remuneration of the Advocate General is not fixed by the Constitution.
  • The Governor determines his remuneration.
• Duties and Functions: As the chief law officer of the state government, the duties of the Advocate General include:
  • Providing Legal Advice: To advise the state government on legal matters referred to him by the Governor.
  • Additional Duties: To perform any other legal duties assigned to him by the Governor.
  • Discharge of Constitutional and Legal Functions: To discharge functions conferred on him by the Constitution or any other law.
  • Representation in Courts: The Advocate General is entitled to appear before any court within the state in the performance of his official duties.
• Legislative Rights: He has the right to speak and participate in the proceedings of both Houses of the State Legislature or any committee, provided he is named as a member.
  • However, he does not have the right to vote.
• Privileges and Immunities: He enjoys the privileges and immunities available to a member of the state legislature.