Question

Consider the following statements about the Advocate General:

(i) The Advocate General is appointed by the Governor under Article 165 of the Constitution.

(ii) The Advocate General enjoys all privileges and immunities available to members of the state legislature.

(iii) The Advocate General must resign when the state government changes, as per constitutional mandate.

(iv) The Advocate General has the right to appear before any court within the state.

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

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

Answer 1

Answer:

A. (i), (ii), and (iv) only

Advocate General of the State:

• Appointment and Qualifications: The Advocate General for a state is appointed by the Governor. This is explicitly mentioned in Article 165(1) of the Constitution of India. To be eligible for appointment, a person must be a citizen of India, have held a judicial office in India 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 consecutively.

• Tenure and Resignation: The Constitution does not specify a fixed tenure for the Advocate General. They hold office during the pleasure of the Governor. While they usually resign when the government that appointed them changes, this is a convention and not a constitutional mandate. Therefore, statement (iii) is incorrect.

• Privileges and Immunities: The Advocate General has the right to speak and to take part in the proceedings of both Houses of the state legislature (or either House if there are two Houses) and any committee of the legislature of which he may be named a member. However, he does not enjoy all the privileges and immunities available to members of the state legislature. For instance, they are not subject to the provisions of Article 194(1) which grants freedom of speech to members and immunity from court proceedings for anything said in the legislature.

• Powers and Functions: The Advocate General has the right to appear before any court within the territory of the state in the performance of his duties. This includes the High Court and all subordinate courts.

• Constitutional Provisions: Article 165 outlines the appointment, qualifications, and duties of the Advocate General. Article 177 grants the right to Advocate General to take part in legislative proceedings.

• Distinction from Attorney General: It is important to distinguish the Advocate General of a State from the Attorney General of India, who is the highest law officer at the Union level and is appointed by the President under Article 76.