Question

Consider the following statements about the Advocate General:

(i) The Advocate General advises the state government on legal matters referred by the Governor.

(ii) The Advocate General must be a citizen of India and qualified to be a High Court judge.

(iii) The Advocate General’s removal process is detailed in Article 177 of the Constitution.

(iv) The Advocate General enjoys voting rights in the state legislature.

Which of these statement(s) is/are correct?

• A. (i) and (ii) only
• B. (ii) and (iii) only
• C. (iii) and (iv) only
• D. (i) and (iv) only

Answer 1

Answer:

A. (i) and (ii) only

Advocate General of the State

• Constitutional Basis: Article 165 of the Indian Constitution deals with the office of the Advocate General for a State.

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

• Eligibility Criteria: To be appointed as the Advocate General, an individual must meet the following qualifications:

  • Must be a citizen of India.

  • Must have held a judicial office in India for a period of not less than ten years, OR

  • Must have been an advocate for a period of not less than ten years in any High Court or in two or more such courts in succession.

  • Essentially, they must be qualified for appointment as a judge of a High Court.

• Role and Functions:

  • The Advocate General advises the state government on such legal matters as may be referred to them by the Governor.

  • They perform all other duties of a legal character that may be referred or assigned to them by the Governor.

  • They have the right of audience in the High Court of the state and in any other court within the state.

  • They also have the right to participate in the proceedings of the state legislature (and any committee thereof of which they may be named a member), but without a right to vote.

• Tenure and Removal:

  • The Constitution does not specify a fixed tenure for the Advocate General.

  • They hold office during the pleasure of the Governor. This means they can be removed by the Governor at any time.

  • The grounds for removal are not explicitly mentioned, but it is generally understood to be linked to the loss of confidence of the Governor or the state government.

  • There is no impeachment procedure as in the case of judges or the Attorney General.

• Distinction from Attorney General: The Attorney General is the highest law officer at the Union level, appointed by the President, and advises the Central Government. The Advocate General is the highest law officer at the state level.

• Voting Rights: As per the Constitution, the Advocate General has the right to take part in the proceedings of the State Legislature, but they do not have the right to vote. This is a crucial point often tested in competitive exams