Question

Regarding the Advocate General's participation in the state legislature, which statement is accurate?

• A. The Advocate General is an ex-officio member of the state legislature with full voting rights.
• B. The Advocate General has the right to speak and participate in the state legislature's proceedings but does not have voting rights.
• C. The Advocate General can only attend state legislature committee meetings but cannot speak in the main house.
• D. The Advocate General's participation in the legislature requires special permission for each session.

Answer 1

Answer:

B. The Advocate General has the right to speak and participate in the state legislature's proceedings but does not have voting rights.

Advocate General's Role in State Legislature

• The Advocate General (AG) is the chief legal advisor to the state government.

• Article 165 of the Indian Constitution deals with the appointment and qualifications of the Advocate General.

• The AG has the right to participate in the proceedings of the State Legislature, which includes the Legislative Assembly and, if it exists, the Legislative Council.

• This right allows the AG to speak on any matter before the legislature that concerns their legal expertise or the government's legal standing.

• However, crucially, the Advocate General does not possess voting rights in the legislature.

• This means they can contribute to debates and offer legal opinions but cannot cast a vote on any bill or resolution.

• The AG is appointed by the Governor of the state.

• To be qualified for the post, a person must be a citizen of India, have held a 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.

• The Advocate General has the right to appear in any proceedings in the High Court relating to the state.

• They also have the right to speak and take part in the proceedings of the State Legislature of which he is, or for which he is appointed a member, but shall not, by virtue of this article, be entitled to vote.