Question

Assertion (A): The Advocate General can participate in state legislature proceedings but cannot vote.

Reason (R): The Advocate General is a member of the state legislature with limited rights to ensure separation of powers.

• A. Both (A) and (R) are true, and (R) is the correct explanation of (A)
• B. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
• C. (A) is true, but (R) is false
• D. (A) is false, but (R) is true

Answer 1

Answer:

C. (A) is true, but (R) is false

Advocate General of a State

• Constitutional Provision: Article 165 of the Constitution of India deals with the Advocate General for a State.

• Appointment: The Advocate General is appointed by the Governor of the State.

• Qualifications: To be appointed as Advocate General, a person must be a citizen of India, have held a judicial office for at least ten years, or have been an advocate for at least ten years in any High Court or in two or more such courts.

• Role in Proceedings: The Advocate General has the right to take part in the proceedings of the State Legislature (both Houses, if bicameral) and any committee thereof of which he may be named a member.

• Right to Vote: However, the Advocate General does not have the right to vote in these proceedings, irrespective of whether the house is unicameral or bicameral.

• Not a Member of Legislature: Crucially, the Advocate General is not a member of the State Legislature. The statement suggesting they are a member of the state legislature is incorrect.

• Advisory Role: The Advocate General's primary role is to advise the State Government on legal matters and perform other duties of a like nature as may be referred or assigned to him by the Governor.

• Separation of Powers Context: While the Advocate General participates in legislative proceedings to provide legal expertise, this participation is limited and does not grant them voting rights, thereby respecting the principle of separation of powers. Their role is advisory and supportive, not a part of the elected legislative body.