Question

Assertion (A): The Advocate General is appointed by the Governor of the state.

Reason (R): The Constitution mandates that the highest law officer of the state be appointed by the Governor to ensure impartial legal advice.

• A. Both (A) and (R) are true, and (R) is the correct explanation of (A)
• B. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
• C. (A) is true, but (R) is false
• D. (A) is false, but (R) is true

Answer 1

Answer:

B. Both (A) and (R) are true, but (R) is not the correct explanation of (A)

Advocate General of a State

• Constitutional Basis: Article 165 of the Constitution of India deals with the appointment and qualifications of the Advocate General for each state.

• Appointment Authority: The Advocate General of a state is appointed by the Governor of that particular state.

• Qualifications: To be appointed as Advocate General, a person must be a citizen of India and should have been a judge of a High Court for at least five years, or an advocate of a High Court for at least ten years.

• Role and Duties: The Advocate General is the chief legal advisor to the government of the state. Their primary duty is to advise the state government on legal matters referred to them by the Governor or the state government.

• Rights and Privileges: The Advocate General has the right to speak and to take part in the proceedings of the State Legislature (or both Legislatures, if the state has a bicameral legislature), but without the right to vote. They also have the right to appear in any court within the territory of the state in connection with the discharge of their duties.

• Tenure and Remuneration: The Constitution does not specify a fixed tenure for the Advocate General, nor does it lay down a fixed salary. They hold office during the pleasure of the Governor and receive remuneration as determined by the Governor.

• Distinction from Attorney General: It is important to distinguish the Advocate General of a state from the Attorney General of India, who is the chief legal advisor to the Central Government and is appointed by the President of India.

• Reasoning for Appointment by Governor: While the Governor appoints the Advocate General, the reason is rooted in the state's administrative structure, where the Governor acts on the aid and advice of the state council of ministers. This appointment, though made by the Governor, is essentially a decision of the state executive. The assertion that the appointment ensures impartial legal advice is a function of the office, but the direct reason for the Governor's appointment is the constitutional provision. The reason (R) states that the constitution mandates the appointment by the Governor to ensure impartial legal advice. While impartial advice is a desired outcome, the constitution specifically mandates the Governor's role in the appointment process as per Article 165. Therefore, (R) explains *why* the appointment happens through the Governor, but not the underlying principle of ensuring impartiality as the sole or primary reason for the Governor's specific role in appointment.