Question

Match the following constitutional provisions with their correct descriptions:

(i) Article 165 – Advocate General of State

(ii) Article 177 – Powers, privileges, and immunities of Advocate General

(iii) Article 194 – Rights of Advocate General in State Legislature

(iv) Article 76 – Appointment of Advocate General

Which of the above pairs is/are correctly matched?

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

Answer 1

Answer:

B. Only (i) and (ii)

Constitutional Provisions Related to Advocate General

• Article 165: Appointment and Qualifications of Advocate General

  • This article specifies the appointment of the Advocate General for each State by the Governor.

  • It also lays down the qualifications required for the Advocate General, who must be a person qualified to be appointed a Judge of a High Court.

• Article 177: Rights of Advocate General as Respects the State Legislature

  • This article grants the Advocate General the right to take part in the proceedings of the Legislative Assembly and the Legislative Council (if any) of the State.

  • He has the right to speak and to take part otherwise in such proceedings, but without having the right to vote.

  • This ensures that the State government has access to legal advice during legislative processes.

• Article 194: Powers, Privileges, and Immunities of Advocate General

  • This article, in conjunction with Article 105 for Parliament, defines the powers, privileges, and immunities of the Advocate General.

  • These are generally similar to those of members of the State Legislature.

  • This protection is crucial for the Advocate General to perform his duties independently without fear of legal action related to his official functions.

• Article 76: Attorney General for India

  • This article deals with the Attorney General of India, who is the highest legal officer in the country.

  • The appointment and role of the Attorney General are distinct from those of the Advocate General of a State. The Attorney General represents the Union Government.

Key Points for Competitive Exams:

• The Advocate General of a State holds office during the pleasure of the Governor.

• The Advocate General is not considered a government servant but an independent constitutional functionary.

• He is the chief legal advisor to the State Government.

• The Advocate General has the right to audience in any court within the State.

• Understanding the distinction between the Attorney General (Union) and the Advocate General (State) is crucial for exam preparation.