Question

Which statement about the Advocate General's appointment and removal is correct?

• A. The Governor appoints the Advocate General, and the Chief Justice of the High Court can remove him.
• B. The Advocate General is appointed by the Governor and holds office at the pleasure of the State Cabinet.
• C. The Advocate General is appointed by the Governor and can be removed by the Governor at any time.
• D. The President appoints the Advocate General on the advice of the Governor.

Answer 1

Answer:

C. The Advocate General is appointed by the Governor and can be removed by the Governor at any time.

Article 165 of the Indian Constitution deals with the Advocate General for the State.

• Appointment: The Advocate General for a State is appointed by the Governor of that State.

• Qualifications: To be appointed as Advocate General, 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 for at least ten years in any High Court or in two or more such courts.

• Term of Office: The Constitution does not specify a fixed term for the Advocate General. They hold office during the pleasure of the Governor.

• Removal: The Advocate General can be removed from office at any time by the Governor. There is no specific procedure or impeachment process required for their removal, unlike a judge of the Supreme Court or a High Court.

• Powers and Functions: The Advocate General has the right to speak and to take part in the proceedings of the State Legislature, but without prejudice to the right to vote. They advise the State Government on legal matters referred to them by the Governor and perform other duties of a legal character as may be assigned to them by the Governor.

• Emoluments: The emoluments and allowances of the Advocate General are determined by the Governor.

• Status: The Advocate General is the chief legal advisor to the State Government and the highest law officer in the State.

• Comparison with Attorney General: Similar to the Advocate General for a State, the Attorney General of India is appointed by the President and holds office during the pleasure of the President.