Question

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

(i) The remuneration of the Advocate General is determined by the Governor and is not fixed by the Constitution.

(ii) The Advocate General’s remuneration is equivalent to that of a High Court judge as per constitutional mandate.

• 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 a State

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

• The Advocate General is the chief legal advisor to the government of the state.

• The remuneration of the Advocate General is determined by the Governor of the respective state.

• There is no specific provision in the Constitution that fixes the remuneration of the Advocate General.

• This remuneration is subject to changes as decided by the Governor, considering factors like the workload, experience, and the state's financial capacity.

• Unlike certain constitutional offices, the remuneration of the Advocate General is not equivalent to that of a High Court judge as a constitutional mandate. While their pay might be comparable in practice in some states, it is not a constitutional requirement.

• The Advocate General holds office during the pleasure of the Governor.

• They can be removed from office by the Governor at any time.

• The Advocate General must be a person who qualifies to be appointed as a judge of a High Court, as per Article 165(2). This implies significant legal experience and standing.