Question

Which among the following is correct regarding the Advocate General’s duties?

(i) The Advocate General advises the state government on legal matters referred by the Governor and performs duties assigned by the Constitution or other laws.

(ii) The Advocate General has the authority to draft state legislation independently.

• A. Only (i)
• B. Only (ii)
• C. Both (i) and (ii) (
• D. Neither (i) nor (ii)

Answer 1

Answer:

A. Only (i)

Advocate General of the State

• Constitutional Provision: Article 165 of the Indian Constitution provides for the office of the Advocate General for a state.

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

• Qualifications: To be appointed as Advocate General, 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.

• Role and Duties:

  • The primary duty of the Advocate General is to advise the state government on legal matters that are referred to him by the Governor.

  • He also performs such other duties as are conferred upon him by the Constitution or by any other law for the time being in force.

  • The Advocate General has the right to speak and to take part in the proceedings of the Legislative Assembly (and Legislative Council, if it exists) of the state, but without a right to vote.

• Limitations:

  • The Advocate General does not have the authority to draft state legislation independently. The power to draft legislation rests with the state government and the legislature.

  • His role is advisory and representational, not legislative drafting.

• Distinction from Attorney General: The Attorney General of India holds a similar position at the Union level, appointed under Article 76, advising the Central Government.

• Significance for Competitive Exams: Questions frequently test the understanding of the Advocate General's appointment, qualifications, and specific duties, often in contrast to the Attorney General or highlighting their advisory role versus legislative powers.