Question

Which of the following describes a key difference between the Advocate General's and a Member of State Legislature's role in the legislative process?

• A. The Advocate General can vote on bills, while a Member cannot.
• B. The Advocate General can speak in the House but lacks voting rights, unlike a Member.
• C. A Member can participate in committees, but the Advocate General cannot.
• D. The Advocate General has no right to appear before any court, while Members do.

Answer 1

Answer:

B. The Advocate General can speak in the House but lacks voting rights, unlike a Member.

• The Advocate General (AG) is the highest law officer in a state in India, analogous to the Attorney General at the Union level.
• Article 165 of the Indian Constitution deals with the appointment and qualifications of the Advocate General.
• The AG has the right to participate in the proceedings of the State Legislature (both Houses, if bicameral) and its committees.
• However, this right is limited to speaking and does not include the power to vote. This is a crucial distinction from the role of an elected Member of the State Legislature (MLA or MLC).
• Members of the State Legislature, on the other hand, have both the right to speak and the right to vote on all matters before the House.
• The AG is appointed by the Governor of the state.
• Qualifications for the AG are the same as those required to be appointed a Judge of a High Court.
• The AG performs duties conferred upon him by the Constitution or any other law.
• The role of the AG is primarily advisory, providing legal counsel to the state government.
• In contrast, Members of the State Legislature are representatives of the people and their primary role is law-making and holding the executive accountable.
• This difference in voting rights highlights the distinct constitutional positions and functions of the Advocate General and elected legislators within the state's governance framework.