The Office of the Advocate General is a constitutional office envisaged under Article 165 of the Constitution of India. The Governor of the State appoints a person, who is qualified to be appointed as a judge of the High Court as Advocate General of the State. The Advocate General of a State shall have a right to speak in and otherwise take part in the proceedings in the Legislative Assembly and Legislative Council and to speak or otherwise to take part in the proceedings of any committee of the Legislature of which he may be named as a member.

The post of Advocate General is a public office and he is the Chief Legal Advisor of the State. The Courts have held that a concession made by a Government Pleader or other Law officer(s) may not bind the Government unless it is based on instructions from a responsible officer. However, that liberty does not apply to a concession made by the Advocate General as he is assumed to make a statement with responsibility.

In the State of Bihar, various categories of posts of Law officers for appearing on behalf of the State in Hon’ble Patna High Court are there. As per The Bihar Law officers (Engagement) Rules, 2023, following categories of posts of Law officers are there in the establishment of the office of the Advocate General, Bihar :
1. Addl. Advocate General
2. Government Advocate
3. Government Pleader
4. Standing Counsel

Also, for conducting criminal cases on behalf of the State, there are following posts of Law officers:
1. Additional Public Prosecutor(Senior Panel)
2. Additional Public Prosecutor
3. Special Public Prosecutor as per the provision of SC & ST Act.

Over and above, to provide assistance to the Ld. Advocate General and the Law officers, there are Assistant counsels in requisite numbers. Further, there are Research Counsels also for research works as per direction of the Ld. Advocate General, Bihar.

Furthermore, following categories of Law officers for making appearances on behalf of the State in Hon’ble Supreme Court are there:
1. Additional Advocate General
2. Standing Counsel
3. Additional Standing Counsel
Law officers are engaged under the provision enshrined in The Bihar Law officers (Engagement) Rules, 2023.

Functions:
The principal activity of this Department is to conduct the cases pertaining to the cases before the Hon’ble Patna High Court, Administrative Tribunals, Consumer Disputes Redressal Forums, Consumer Disputes Redressal Commission of State/National and the Hon’ble Supreme Court of India where the interest of State of Bihar and its Departments needs to be defended.

The Advocate General is the Head of the Department and he is the principal legal advisor to the Government. A team of Law Officers comprising the Additional Advocate General. The Government Advocates, the Government Pleaders, The Standing Counsels, The Additional Public Prosecutors, the Special Public Prosecutors, have been appointed to look after the litigation works. The Law Officers including the Addl. Advocate General work under the guidance and supervision of the Advocate General. The Advocate General has been endowed with all administrative and financial powers.

The officer of the office establishment authorized by the Ld. Advocate General, Bihar supervises the entire ministerial work of the office of the Department. He is assisted by other Officers. There are Section Officers and Assistant Section officers. The day-today work relating to administration is taken care of by these Officers. The Advocate General is the top-most Law Officer, who takes care of matters before the Hon’ble High Court as well as before the Hon’ble Supreme Court. The Advocate General is also consulted in matters relating to disputes as well as other issues having legal ramifications. Before the High Court, the Advocate General appears in matters relating to important legal issues and in matters which has far reaching ramifications for the State Government. The Advocate General is the Ex-Officio member of The Bihar State Bar Council and he heads the Trustee Committee as well.

The Additional Public Prosecutor takes care of all criminal matters and the Special Public Prosecutor also functions under the Advocate General. The work relating to various subjects in the High Court is distributed on the instruction of the Advocate General, Bihar among different Law officers. Similarly, the criminal work is also distributed among the Addl. Public Prosecutors, Special Public Prosecutors and other especially engaged Advocates. All Law Officers are governed by the Law officers (Engagement) Rules, 2023. These rules applied to District Government Pleaders and Public Prosecutors etc. , Additional Public Prosecutors as well as the advocates appearing before the Supreme Court. The Law Officers are entitled to Total Monthly Fee as prescribed by the State Government time to time.

Duties
The Advocate General appears in important constitutional and other cases before the High Courts, Supreme Court, Dispute Tribunal etc. and defends the action of the State Government. The Advocate General tenders legal opinion on the point of law in the Government matters referred to him by the Government Departments through Law Department.

The Advocate General is the Head of the Department of the Office of the Advocate General, Bihar.