Question

Consider the following statements about the Advocate General:

(i) The Advocate General enjoys privileges and immunities similar to those of state legislature members.

(ii) The Advocate General’s appointment is made by the state legislature.

(iii) The Advocate General can prosecute cases in any court within the state.

(iv) The Advocate General’s term is linked to the tenure of the Governor.

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

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

Answer 1

Answer:

A. (i) and (iii) only

Advocate General of the State

• Constitutional Position: The Advocate General is the chief legal advisor to the government of a state in India.

• Appointment: Article 165 of the Constitution of India states that 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 judicial office in India for not less than ten years, or have been an advocate for ten years in any High Court or in two or more such courts.

• Term of Office: The Advocate General holds office during the pleasure of the Governor. While their term is not fixed by the Constitution, it is generally understood to be co-terminus with the term of the government or the Governor, meaning they can be asked to resign by the Governor.

• Rights and Privileges:

  • The Advocate General has the right to speak and to take part in the proceedings of the State Legislature (or both Houses if there is a bicameral legislature) to which he is not a member.

  • He also has the right to sit in the State Legislature or any committee thereof but without a right to vote.

  • However, the Advocate General does not enjoy the privileges and immunities available to members of the State Legislature. This is a key distinction.

• Functions:

  • To advise the State Government on such legal matters and on such points of law as may be referred to him by the Governor.

  • To perform such other duties of a legal character as may be entrusted to him by the Governor.

  • To discharge the functions conferred on him by or under the Constitution, or any other law for the time being in force.

  • The Advocate General has the right to appear in any High Court within the state on behalf of the state government. He can also appear in any other court in India in cases where the state government is concerned.

• Distinction with Attorney General: Similar to the Advocate General at the state level, the Attorney General is the chief legal advisor to the Central Government and is appointed by the President.