Question

Which among the following is correct regarding the qualifications of the Advocate General?

(i) Must be a citizen of India and have held a judicial office for 10 years or been an advocate of a High Court for 10 years.

(ii) Must have served as a judge of a High Court for at least 5 years.

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

Answer 1

Answer:

A. Only (i)

Advocate General Qualifications

• Constitutional Basis: Article 165 of the Constitution of India deals with the qualifications of the Advocate General.

• Citizenship: Must be a citizen of India. This is a fundamental requirement for holding such a high constitutional office.

• Experience in Judicial Office: Must have held a judicial office in the territory of India for at least ten years. This implies experience as a judge in subordinate courts.

• Experience as an Advocate: Alternatively, must have been an advocate of a High Court (or two or more such courts in succession) for at least ten years. This emphasizes the need for significant legal practice and expertise.

• Distinction from High Court Judge: Unlike the qualifications for a High Court judge (which requires 10 years of judicial office OR 10 years as an advocate in a High Court, or 5 years as a judge of a High Court), the Advocate General's qualification related to holding judicial office or being an advocate is set at ten years. The option suggesting 5 years of service as a High Court judge is incorrect for the Advocate General.

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

• Role: The Advocate General is the chief legal advisor to the state government and has the right to appear before the High Court and other courts in the state.