Question

Consider the following pairs matching a Constitutional Article with its relevance to the Advocate General:

1. Article 165: Advocate General of State

2. Article 177: Powers, privileges and immunities of Advocate General

3. Article 194: Rights of Advocate General as respects the houses of state legislature and its committee

How many of the above pairs are correctly matched?

• A. Only one
• B. Only two
• C. All three
• D. None

Answer 1

Answer:

A. Only one

Advocate General of a State in India

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

• Role and Qualifications: The Advocate General is the chief legal advisor to the state government. To be appointed, a person must be a citizen of India and have held a judicial office for at least 10 years or have been an advocate for at least 10 years in any High Court.

• Powers and Privileges:

  • Article 177 grants the Advocate General the right to take part in proceedings of the Legislative Assembly and Legislative Council (if it exists) of the state and any committee of the Legislature of which he may be named a member.

  • However, the Advocate General does not have the right to vote in these proceedings.

  • Article 194 defines the powers, privileges, and immunities of the Advocate General in relation to the state legislature, which are generally similar to those of the members of the legislature. This includes privileges related to freedom of speech in the legislature and immunity from arrest in civil proceedings.

• Distinction from Attorney General: The Attorney General of India (Article 76) is the chief legal advisor to the Union Government, analogous to the Advocate General at the state level.

• Tenure and Removal: The Advocate General holds office during the pleasure of the Governor, and may be removed by the Governor. There is no fixed tenure.

Analysis of the Matches:

• Pair 1 (Article 165: Advocate General of State): Correctly matched. This article specifically establishes the office of the Advocate General for each state.

• Pair 2 (Article 177: Powers, privileges and immunities of Advocate General): Incorrectly matched. While Article 177 grants rights to participate in legislative proceedings, it does not cover all powers, privileges, and immunities. Article 194 is more comprehensive in this regard.

• Pair 3 (Article 194: Rights of Advocate General as respects the houses of state legislature and its committee): Correctly matched. Article 194 explicitly outlines the rights, privileges, and immunities of the Advocate General concerning the state legislature and its committees.