Question

Regarding the appointment and qualifications of the Advocate General, which of the following statements is accurate?
i. The Advocate General is appointed by the Chief Minister of the state.
ii. To be appointed, a person must be a citizen of India.
iii. A person must have held a judicial office for 5 years or been an advocate of a High Court for 5 years to qualify.
iv. The qualifications for an Advocate General are similar to those required for a Judge of a High Court.

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

Answer 1

Answer:

B. Only ii and iv

Advocate General of the State: Appointment and Qualifications

• Constitutional Basis: Article 165 of the Constitution of India deals with the appointment and qualifications of the Advocate General for a State.
• Appointment Authority: The Advocate General of a State is appointed by the Governor of that State, not the Chief Minister. This is a crucial distinction for competitive exams.
• Eligibility Criteria: To be qualified for appointment as Advocate General, a person must meet the following requirements:
  • Must be a citizen of India.
  • Must have held a judicial office in India for a period of not less than ten years, OR
  • Must have been an advocate of a High Court (or two or more such courts in succession) for a period of not less than ten years.
• Qualifications Similar to High Court Judges: The qualifications prescribed for the Advocate General are the same as those required for a person to be appointed as a Judge of a High Court. This includes the ten years of judicial office or ten years of legal practice as an advocate.
• Tenure and Removal: The Advocate General holds office during the pleasure of the Governor. There is no fixed tenure, and they can be removed by the Governor at any time.
• Role and Functions: The Advocate General advises the State Government on legal matters, performs duties of a legal character assigned to them by the Governor, and represents the State Government in all cases in the High Court in which the Government is concerned.
• Distinction from Attorney General: While the Advocate General functions at the state level, the Attorney General for India holds a similar position at the Union level, appointed by the President.