THULASIDAS, J.

In the appeal filed by the accused, the Advocate General filed Memo of appearance on behalf of the State of Kerala. The office pointed out that the memo of appearance by the Advocate General is not in order that he cannot appear for the State in view of the decision in State of Kerala v. Krishnan, 1981 Ker LT 839 : (1982 Cri LJ 301). But then it was clarified in reply that the above decision is inapplicable since it was in connection with the question about the presentation of an appeal against acquittal under Section 378, Cr.P.C. that the present case is not and further it was also pointed out that under sub-rule (vi) of Rule 2 of the Rules framed under Art. 165(2) and (3) of the Constitution, the Advocate General has a duty to represent the government in the High Court in proceedings of importance, civil or criminal, original or appellate, in which the Government is a party and he has been specifically directed to appear. The matter has come before us in view of the unresolved question about the competence of the Advocate General to appear for State in a Criminal Appeal, where the Government has specifically authorised him even though there is a Public Prosecutor appointed in terms of Section 24 of the Code of Criminal Procedure.

2. The appeal is still pending. It was in connection with the application the appellant/petitioner filed for bail that the rival contentions between the Advocate General and the Public Prosecutor surfaced. On the date the petition was heard, it was represented that the dispute between them was resolved under an ad hoc arrangement that has however left open the fundamental question raised here, that we felt should be settled, so that the controversy is laid to rest.

3. We heard arguments.

4. Under Art. 165(l) : "The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate General for the State." Under clause (2) :

"It shall be the duty of the Advocate General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force."

Clause (3) is not relevant and therefore is omitted. In pursuance of the duties conferred under Clauses (2) and (3) of the Constitution, the Governor has formulated rules regarding duties, functions, remunerations etc. of the Advocate General and Addl. Advocate General of the State. Rule (2) provides for the duties and functions of the Advocate General :

(i) omitted

(ii) omitted

(iii) to prepare brief for use of counsel engaged to represent Government in all proceedings, civil and criminal, original or appellate, before the Supreme Court to which Government is a party.

(iv) omitted

(v) to arrange to represent Government in the High Court in all proceedings, civil or criminal, original or appellate, in which Government is a party.

(vi) to represent Government in the High Court in proceedings of importance, civil or criminal, original or appellate, in which Government is a party when specially directed by the Government :

Note : The Advocate General will ordinarily be instructed by a Government Pleader or Public Prosecutor :

(vii) to assist the High Court in cases of special importance or difficulty in which the Advocate General's appearance is required by the High Court.

(viii) to represent Government in proceedings, civil or criminal, original or appellate, in which the Government is a party, in Courts subordinate to the High Court when specially directed.

Note : The Advocate General will ordinarily be instructed by a Government Pleader or Public Prosecutor.

(ix) omitted.

(x) omitted.

(xi) to give advice to the Law Officers attached to the High Court in all difficult cases handled by them and on which they may consult him and conversely to c