Question

Evaluate the following statements about the qualifications for Advocate General:

1. He/She must have served as a judicial officer for at least 10 years.

2. He/She must be a citizen of India.

3. He/She must have been an advocate of a High Court for at least 10 years.

4. He/She must possess a law degree from a recognized Indian university.

How many of the above statements are directly stated as qualifications in the provided note?

• A. Only two
• B. Only three
• C. Only four
• D. None

Answer 1

Answer:

B. Only three

Qualifications for the Office of Advocate General

• Article 165 of the Indian Constitution outlines the qualifications required for the Advocate General of a State.

• Citizenship: The candidate must be a citizen of India. This is a fundamental requirement for holding such a high constitutional office.

• Judicial or Legal Experience: The candidate must meet at least one of the following criteria:

  • Have held a judicial office for at least ten years.

  • Have been an advocate of a High Court (or two or more such Courts in succession) for at least ten years.

• Note on Law Degree: While possessing a law degree is a practical necessity for anyone aspiring to be a lawyer or hold a legal office, the Constitution does not explicitly state that a law degree from a recognized university is a direct qualification for the Advocate General in the same way as the experience criteria. The emphasis is on proven experience in the legal field.

• Comparison with Attorney General: The qualifications for the Advocate General of a State are similar to those for the Attorney General of India (Article 76), with the latter being qualified to be appointed a Judge of the Supreme Court.

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

• Role: The Advocate General is the chief legal advisor to the State Government and performs functions as may be assigned to him by the Governor or provided for in the Constitution or any law made by the Legislature of the State.