Question

onsider the following statements about the Advocate General:

(i) The Advocate General performs legal duties assigned by the Governor or conferred by the Constitution.

(ii) The Advocate General’s role is defined under Article 165 and Article 177 of the Constitution.

(iii) The Advocate General must have practiced as an advocate in a Supreme Court for at least 10 years.

(iv) The Advocate General submits their resignation to the state legislature.

Which of these statement(s) is/are correct?

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

Answer 1

Answer:

A. (i) and (ii) only

Advocate General of the State

• Constitutional Basis: The office of the Advocate General for a state is established under Article 165 of the Indian Constitution.

• Appointment and Qualifications:

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

  • To be eligible for appointment, a person must be a citizen of India and should have held a judicial office in India for at least ten years, OR have been an advocate of a High Court (or two or more such courts in succession) for at least ten years.

  • Note: Statement (iii) is incorrect as it mentions practice in the Supreme Court, whereas the qualification pertains to practice in a High Court.

• Tenure and Resignation:

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

  • They can resign by submitting their resignation to the Governor.

  • Note: Statement (iv) is incorrect as the Advocate General submits their resignation to the Governor, not the state legislature.

• Duties and Functions:

  • The Advocate General advises the State Government on legal matters referred to them by the Governor.

  • They perform such other legal duties as are conferred upon them by the Constitution or assigned to them by the Governor. This covers the essence of statement (i).

  • The Advocate General has the right to speak and to take part in the proceedings of the State Legislature (both Houses, if there are two) and any committee of the Legislature of which they may be named a member, but without the right to vote. This right is provided under Article 177. This aligns with statement (ii).

• Distinction from Attorney General: The Advocate General is the highest law officer of the state, analogous to the Attorney General of India at the Union level.