Question

Which of the following is NOT explicitly mentioned as a duty or function of the Advocate General?

• A. Advising the state government on legal matters.
• B. Performing other legal duties assigned by the Governor.
• C. Discharging functions conferred by any law.
• D. Overseeing the appointment of junior law officers in the state.

Answer 1

Answer:

D. Overseeing the appointment of junior law officers in the state.

Advocate General of a State: Role and Functions

• Constitutional Basis: Article 165 of the Indian Constitution provides for the office of the Advocate General for each state.
• 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, 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.
• Key Duties and Functions:
  • To advise the State Government upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred, or assigned to him by the Governor.
  • To discharge the functions conferred upon him by or under the Constitution, or any other law for the time being in force.
  • To represent the state government in all cases in the Supreme Court and in all cases in the High Court in which the state is concerned.
  • To appear before any tribunal constituted under any of the articles of the Constitution in any proceeding in which the interests of the state are concerned.
• Distinction from other Law Officers: The Advocate General's role is distinct from that of junior law officers. The appointment and oversight of junior law officers typically fall under the administrative purview of the State Government or the Legal Remembrancer, not the Advocate General.
• Powers and Privileges: The Advocate General has the right to speak and to take part in the proceedings of the State Legislature, but without the right to vote. They also enjoy privileges similar to those of a Minister of the state in relation to the state legislature.
• Comparison with Attorney General: The Advocate General holds a position analogous to the Attorney General of India at the state level. The Attorney General is the highest law officer of the Union Government.