Duties and Functions
It is the duty of the Advocate General that he will appear, or arrange for the appearance of counsel in the following civil cases:
- Cases in the High Court to which the Punjab Government is a party, or cases relating to the affairs of the Punjab Government to which the Secretary of State is a party.
- Cases in the High Court to which officers serving under the Punjab Government are parties, and which the Punjab Government has decided to conduct on their behalf.
The list of the duties and functions of the Advocate General does not end here, in fact, he has many other functions under different laws and statutes. An overview of the same is handed down as follows:
- Under Supreme Court Rules, Order IV, the Advocate General shall have precedence over all other advocates and senior advocates in the Court.
- Under Supreme Court Rules, Order XXVII, the Attorney General is to conduct the proceedings in contempt cases, the Advocate General performs the same function in the High Court. In this capacity, he acts as law officer of the Court.
Under Legal Practitioners and Bar Councils Act, 1973, the Advocate General is the Chairman of the Punjab Bar Council. The functions of the Council are:
- To appoint advocates
- To entertain and determine cases of misconduct
- To safeguard the rights of advocates
- To suggest law reforms
- To conduct the election of its members
- To arrange free legal aid to the indigent litigants
Under Section 91 and 92 of Civil Procedure Code, cases of public nuisance and public charities are instituted and conducted by the office of Advocate General.
Under Order XXVII(A) of the Civil Procedure Code, the Court shall not proceed to determine the question relating to the interpretation of constitutional law until the notice has been given to the Attorney General and to the Advocate General.
Under the Mental Health Ordinance, 2001 the litigation relating to the properties of mentally disordered persons is conducted by the Advocate General.
An Additional Advocate General or an Assistant Advocate General shall perform such functions and duties as may be assigned to him, and in the performance of such functions and duties, he shall be subject to the general supervision and control of the Advocate General and the Government.