Challenger Logo

Challenger App

Get it on Google PlayGet it on App Store
Challenger App

No.1 PSC Learning App

★
★
★
★
★
1M+ Downloads
Get App

Assertion (A): The Advocate General is appointed by the Governor of the state.

Reason (R): The Constitution mandates that the highest law officer of the state be appointed by the Governor to ensure impartial legal advice.

ABoth (A) and (R) are true, and (R) is the correct explanation of (A)

BBoth (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:

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

Read Explanation:

Advocate General of a State

  • Constitutional Basis: Article 165 of the Constitution of India deals with the appointment and qualifications of the Advocate General for each state.

  • Appointment Authority: The Advocate General of a state is appointed by the Governor of that particular state.

  • Qualifications: To be appointed as Advocate General, a person must be a citizen of India and should have been a judge of a High Court for at least five years, or an advocate of a High Court for at least ten years.

  • Role and Duties: The Advocate General is the chief legal advisor to the government of the state. Their primary duty is to advise the state government on legal matters referred to them by the Governor or the state government.

  • Rights and Privileges: The Advocate General has the right to speak and to take part in the proceedings of the State Legislature (or both Legislatures, if the state has a bicameral legislature), but without the right to vote. They also have the right to appear in any court within the territory of the state in connection with the discharge of their duties.

  • Tenure and Remuneration: The Constitution does not specify a fixed tenure for the Advocate General, nor does it lay down a fixed salary. They hold office during the pleasure of the Governor and receive remuneration as determined by the Governor.

  • Distinction from Attorney General: It is important to distinguish the Advocate General of a state from the Attorney General of India, who is the chief legal advisor to the Central Government and is appointed by the President of India.

  • Reasoning for Appointment by Governor: While the Governor appoints the Advocate General, the reason is rooted in the state's administrative structure, where the Governor acts on the aid and advice of the state council of ministers. This appointment, though made by the Governor, is essentially a decision of the state executive. The assertion that the appointment ensures impartial legal advice is a function of the office, but the direct reason for the Governor's appointment is the constitutional provision. The reason (R) states that the constitution mandates the appointment by the Governor to ensure impartial legal advice. While impartial advice is a desired outcome, the constitution specifically mandates the Governor's role in the appointment process as per Article 165. Therefore, (R) explains *why* the appointment happens through the Governor, but not the underlying principle of ensuring impartiality as the sole or primary reason for the Governor's specific role in appointment.

Related Questions:

Which statements are true in relation to the Advocate General’s privileges and immunities?

i. The Advocate General enjoys privileges equivalent to state legislature members.

ii. The Advocate General can participate in state legislature committee proceedings.

iii. The Advocate General’s remuneration is fixed by the state legislature.

iv. The Advocate General has the right to vote in state legislature proceedings.

With reference to the Finance Commission of India, consider the following statements:

i. The Finance Commission is a quasi-judicial body constituted by the President every five years or earlier if deemed necessary.
ii. The recommendations of the Finance Commission are binding on the Government of India.
iii. The Finance Commission makes recommendations on the distribution of net proceeds of taxes between the Centre and the States.
iv. The Chairman of the Finance Commission must be a person with experience in public affairs.

Which of the statements given above are correct?

Evaluate the following statements about the removal and resignation of the Attorney General.
i. The Constitution lays down a specific impeachment-like procedure for the removal of the Attorney General, similar to that of a Supreme Court judge, to safeguard the office's dignity.
ii. By constitutional provision, the Attorney General is required to resign from office when the ruling government (Council of Ministers) resigns or is replaced.

Which of the following statements correctly defines the role and limitations of the Attorney General?

  1. The Attorney General is a full-time government servant and is debarred from private legal practice.

  2. The Attorney General has the right to speak in parliamentary proceedings but is not granted the right to vote.

  3. The Attorney General can advise any ministry directly upon its request, bypassing the Ministry of Law and Justice.

With reference to the role and independence of the CAG, consider the following statements:

i. The CAG is described as the guardian of the public purse and controls the entire financial system of the country at both the Centre and State levels.
ii. The CAG can be removed by the President only on the grounds of proved misbehaviour or incapacity, following a resolution by both Houses of Parliament with a special majority.
iii. The CAG is eligible for further office under the Government of India or any State after ceasing to hold office.
iv. The administrative expenses of the CAG’s office are charged upon the Consolidated Fund of India and are not subject to the vote of Parliament.

Which of the statements given above are correct?