Question

15. Consider the following statements about the specific articles related to the Advocate General:
i. Article 165 defines the role and appointment of the Advocate General.
ii. Article 177 outlines the Advocate General's right to participate in the state legislature.
iii. Article 194 grants the Advocate General the right to vote in legislative proceedings.
iv. All these articles are found in Part VI of the Indian Constitution.

Which of the above statements is/are correct?

• A. i and ii only
• B. i, ii, and iii only
• C. i, ii, and iv only
• D. All four statements are correct

Answer 1

Answer:

A. i and ii only

Advocate General of the State: Key Constitutional Provisions

• Article 165: Appointment and Qualifications
  • This article explicitly defines the position of the Advocate General for each state.
  • It empowers the Governor of the state to appoint an individual who is qualified to be appointed a Judge of a High Court as the Advocate General.
  • The Advocate General holds office during the pleasure of the Governor and receives such remuneration as the Governor may determine.
• Article 177: Rights of the Advocate General
  • This article grants the Advocate General the right to take part in the proceedings of the Legislative Assembly or, if the state has a Legislative Council, both Houses of the State Legislature.
  • However, this right does not extend to voting in these proceedings.
  • The Advocate General also has the right to speak and to be heard in any committee of the Legislature of the State of which he may be named a member, but without power of vote.
• Article 194: Powers, Privileges, and Immunities
  • While Article 177 defines the right to participate, Article 194 pertains to the general powers, privileges, and immunities of members of the State Legislature.
  • The Advocate General, when attending sessions or participating in committees as per Article 177, enjoys certain privileges and immunities similar to those of a member of the legislature, but crucially, does not have the right to vote.
• Part VI of the Indian Constitution: State Government Structure
  • Part VI of the Constitution deals with the states, covering their executive, legislative, and judicial functions.
  • Articles related to the Advocate General (165 and 177) are indeed located within Part VI, specifically under the Chapter titled 'The Advocate-General for the State'.
• Important Distinction for Exams:
  • It is crucial to remember that the Advocate General has the right to speak and be heard in the legislature, but not the right to vote. This is a common point of confusion in examination questions.
  • The Advocate General is the highest legal officer of the state government.