Functions

The basic function of the Advocate General is to advise the State Government upon such legal matter as may be referred to him from time to time and also discharge the functions conferred on him by or under the Constitution or under any other law for the time being in force. The duties of the Advocate General are as under:-

(a).He shall advise the State Government upon such legal matter as may be referred to him by the Home Secretary or the Legal Remembrancer to the Government of the State.

(b). He will represent, or arrange for the representation of the State at all stages before the High Court in Criminal cases and cases of a quasi-criminal nature, such as those relating to the Press law, writs under the Constitution, extradition and preventive detention:

                        Provided that the State Government may, on account of the special importance of the case, require that the Advocate General shall himself represent the State in any particular case.

(c). He will appear, or arrange for the appearance of counsel, in the following civil cases:-

(i). Cases in the High Court to which the State Government is a party; or

(ii). Cases in the High Court to which officers serving under the State Government are parties and which, the State Government has decided to conduct on behalf of such officers;

(iii). Cases in the High Court in which neither the State Government nor such officers are directly interested, but in which Government consider themselves to be sufficiently interested to render it advisable to conduct the cases on behalf of the some third person.

(d). Appeals from the cases referred to in Clause(c).

(e). He will appear personally before the High Court, when so required by Government, in references from subordinate courts to which Government is a party or in cases withdrawn to the High Court from subordinate courts under Article 228 of the Constitution or any other law.

(f). He will appear himself or arrange for the conduct of civil cases of the nature described above, when so required, in the other civil courts of Shimla.

(g). He will also be expected to appear in any civil or criminal case outside Shimla whether in courts subordinate to the High Court or in the Supreme Court, or in any other court, when especially desired to do so by the State government or by the legal Remembrancer.

(h). He will  take part in the proceedings of the House or Houses of the State Legislature or any Committee of the legislature of which he may be named as member.

(i). He shall also discharge the functions conferred on him by or under the Constitution or under any other law for the time being in force.