The Advocate General’s Office is a Constitutional Office established under Article 140 of the Constitution of Islamic Republic of Pakistan, 1973. Advocate-General is appointed by the Governor on the advice of the Chief Minister. A person who is competent to be appointed as a Judge of the High Court is appointed as Advocate General for the province. Advocate-General is the principal law officer of the province. He holds the office during the pleasure of the Governor. He is assisted by a team of law officers comprising of Additional Advocates-General, Deputy Advocates-General & Advocates-on-Record. These Law Officers are appointed by the Government of Khyber Pakhtunkhwa.
It is the duty of the Advocate-General to give advice to the Provincial Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the Provincial Government and to discharge such other functions conferred upon him by or under the Constitution or any other law for the time being in force. The Advocate General’s office represents, defends and protects the interests of the provincial government in the Superior Court, and provides valuable legal guidance to the provincial government in all matters which are referred to him by the Government. The other functions and duties of Advocate-General have also been laid down in the Punjab Law Department Manual.
Under Article 111 of the Constitution “The Advocate-General shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this Article be entailed to vote.” The Advocate-General is also the Chairman of the Khyber Pakhtunkhwa Bar Council. He is also carried out such other duties as provided in the Legal Practitioners and Bar Councils Act, 1973. He has the right of pre-audience over all other advocates in the Courts. The Advocate-General and Additional Advocate-Generals have also been appointed as Public Prosecutor for the whole Province of Khyber Pakhtunkhwa in terms of Section 492 Cr.P.C.
The Advocate General’s Office is under the administrative control of the Law, Parliamentary Affairs and Human Rights Department as provided in the Khyber Pakhtunkhwa Rules of Business, 1985. The Law Officers can not engage in private practice so long as they hold the office of the Advocate-General. They are also prohibited to hold any other office of Profit during their tenure.