Question

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

(i) The Advocate General holds office at the pleasure of the Governor and can be removed at any time.

(ii) The Constitution specifies a fixed procedure for the removal of the Advocate General.

• 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: The office of the Advocate General for a State is established under Article 165 of the Constitution of India.

• 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 and should 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.

• Tenure and Removal:

  • The Advocate General holds office 'at the pleasure of the Governor'. This implies that there is no fixed tenure for the Advocate General.

  • The Constitution does not prescribe any specific procedure for the removal of the Advocate General, unlike that for judges of the Supreme Court or High Courts.

  • Consequently, the Governor can remove the Advocate General at any time, even without assigning any reason.

  • The Advocate General can also resign by submitting their resignation to the Governor.

• Role and Functions: The Advocate General advises the State Government on legal matters, performs other duties of a legal character as may be referred or assigned to him by the Governor, and discharges the functions conferred upon him by or under the Constitution or any other law for the time being in force.

• Remuneration: The remuneration of the Advocate General is determined by the Governor.

• Distinction from Attorney General: While the Advocate General is the highest law officer for the state, the Attorney General of India is the highest law officer for the Union Government, appointed by the President under Article 76. The removal procedure and tenure for the Attorney General are also different.