Question

Consider the following statements about the Advocate General's tenure and remuneration:
i. The Advocate General can resign from office by submitting a letter to the Governor.
ii. By convention, the Advocate General resigns when the state government changes.
iii. The Constitution explicitly fixes the remuneration of the Advocate General.
iv. The Governor determines the remuneration of the Advocate General.

• A. Only i and ii are correct
• B. Only iii and iv are correct
• C. Only i, ii, and iv are correct
• D. All statements are correct

Answer 1

Answer:

C. Only i, ii, and iv are correct

Advocate General of the State: Tenure and Remuneration

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

• Qualifications: Must be a citizen of India, should have held a judicial office for not less than 10 years, or should have been an advocate for 10 years in any High Court or in two or more such courts.

• Term of Office: The Constitution does not specify a fixed term for the Advocate General.

• Resignation:

  • Statement (i) is correct: The Advocate General can resign from their post by submitting a resignation letter to the Governor.

  • Statement (ii) is correct: By convention, it is expected that the Advocate General will resign upon the change of the state government. This ensures alignment with the new executive leadership.

• Remuneration:

  • Statement (iii) is incorrect: The Constitution of India does not explicitly fix the remuneration of the Advocate General.

  • Statement (iv) is correct: The remuneration of the Advocate General is determined by the Governor. This amount is subject to the discretion of the Governor, although it is often based on the scale of pay for High Court Judges.

• Powers and Functions: The Advocate General has the right to speak and to take part in the proceedings of the State Legislature, but without a right to vote. They also have certain duties related to the government.

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