Question

Evaluate the following statements about the removal and resignation of the Advocate General:

1. The Constitution does not specify a removal procedure for the Advocate General.

2. The Advocate General can be removed by a simple majority vote in the State Legislative Assembly.

3. Resignation is effected by submitting a letter to the Speaker of the State Legislative Assembly.

4. The "pleasure of the Governor" clause means the Governor can remove the Advocate General at any time.

How many of the above statements are correct?

• A. Only one
• B. Only two
• C. Only three
• D. All four

Answer 1

Answer:

B. Only two

Advocate General of the State

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

• Appointment: Appointed by the Governor of the state under Article 165 of the Constitution.

• Qualifications: Must be a citizen of India, have held judicial office 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.

• Tenure: The Constitution does not specify a fixed tenure for the Advocate General. They hold office during the 'pleasure of the Governor'.

• Removal:

  • While the Constitution does not lay down a specific removal procedure, the Advocate General can be removed by the Governor.

  • This removal is generally based on the Governor's discretion, aligning with the 'pleasure of the Governor' principle.

  • They do not have the protection of a fixed term or a prescribed impeachment process like judges.

  • However, in practice, the Advocate General usually resigns when the government that appointed them loses power or if they lose the confidence of the government.

• Resignation: The Advocate General can resign from their office at any time by submitting a resignation letter to the Governor.

Analysis of the Statements:

1. Statement 1: Correct. The Constitution, under Article 165, does not specify a formal removal procedure for the Advocate General.

2. Statement 2: Incorrect. The removal is at the pleasure of the Governor, not by a simple majority vote in the State Legislative Assembly. The Assembly does not have the power to directly remove the Advocate General.

3. Statement 3: Incorrect. The resignation is submitted to the Governor, not the Speaker of the State Legislative Assembly.

4. Statement 4: Correct. The 'pleasure of the Governor' means that the Advocate General holds office at the discretion of the Governor and can theoretically be removed at any time by the Governor, though this is usually exercised based on political and administrative considerations.

Conclusion:

• Based on the analysis, statements 1 and 4 are correct.

• Therefore, only two of the above statements are correct.