Question

Consider the following statements about the Advocate General:

(i) The Advocate General is the highest law officer of the state, analogous to the Attorney General of India.

(ii) The Advocate General’s term of office is fixed at 5 years by the Constitution.

(iii) The Advocate General can participate in state legislature committee meetings without voting rights.

(iv) The Advocate General’s remuneration is determined by the state legislature.

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 highest law officer of a state in India. This role is analogous to the Attorney General of India, who is the highest law officer of the Union government.

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

• Qualifications: To be appointed as the Advocate General, a person must be a citizen of India, have held a judicial office for at least 10 years, or have been an advocate for at least 10 years in any High Court or in two or more such courts.

• Term of Office and Remuneration:

  • Unlike the Attorney General, the Constitution does not fix a specific term for the Advocate General. They hold office during the pleasure of the Governor.

  • Their remuneration is also not fixed by the Constitution but is determined by the Governor, meaning it can be varied. This contrasts with the statement suggesting it's determined by the state legislature.

• Rights and Duties:

  • The Advocate General has the right to speak and to take part in the proceedings of the State Legislature (both Houses, if bicameral) or any committee of the Legislature of which he may be named a member, but without the right to vote.

  • They have the right of audience in any High Court in the state.

  • Their principal duty is to advise the State Government on legal matters and to perform other duties of a legal character as may be referred or assigned to him by the Governor.

• Key Distinction: It is important to note that the Advocate General does not fall under the category of a full-time government counsel. They are permitted to undertake private practice, but with certain limitations.