Question

Which among the following is correct regarding the Advocate General’s rights in the state legislature?

(i) The Advocate General has the right to speak and participate in the proceedings of the state legislature or its committees but cannot vote.

(ii) The Advocate General enjoys the same powers as the Speaker of the state legislature in legislative proceedings.

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

Answer 1

Answer:

A. Only (i)

Advocate General's Role in State Legislature

• Constitutional Provision: Article 177 of the Indian Constitution defines the rights of the Advocate General in relation to the state legislature.

• Right to Participate: The Advocate General has the right to take part in the proceedings of either House of the state legislature (or both Houses if bicameral), as well as in any committee of the legislature of which he may be named a member.

• No Voting Rights: Crucially, despite the right to speak and participate, the Advocate General does not possess the right to vote in the legislature. This is a key distinction from elected members.

• Distinction from Speaker: The powers and role of the Advocate General are distinct from those of the Speaker of the State Legislature. The Speaker presides over the House and has specific powers related to maintaining order and interpreting rules, which the Advocate General does not hold.

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

• Qualifications: To be appointed as Advocate General, a person must be a citizen of India and have held a judicial office in India for not less than ten years, or have been an advocate for ten years in any High Court or in two or more such courts.

• Role Analogy: The Advocate General's role in the state legislature is analogous to that of the Attorney General of India in the Parliament.