Question

Which of the following is/are correct regarding the Advocate General’s term and remuneration?

i. The term of office of the Advocate General is fixed by the Constitution for 5 years.

ii. The remuneration of the Advocate General is determined by the Governor.

iii. The Advocate General holds office at the pleasure of the Governor.

• A. Only ii
• B. Only ii and iii
• C. Only i and ii
• D. All of the above (i, ii, and iii)

Answer 1

Answer:

B. Only ii and iii

Advocate General of a State

• Constitutional Provision: Article 165 of the Indian Constitution deals with the Advocate General for a State.

• 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 in India for at least ten years or an advocate for at least ten years in any High Court or in two or more such courts.

• Term of Office: Unlike constitutional functionaries like the President, Prime Minister, or judges of the Supreme Court and High Courts, the Constitution does not specify a fixed term for the Advocate General. They hold office during the pleasure of the Governor.

• Remuneration: The remuneration of the Advocate General is not fixed by the Constitution. It is determined by the Governor, and the specific amount can vary from state to state.

• Holding Office 'During Pleasure': This means the Advocate General can be removed by the Governor at any time without assigning any reason. However, in practice, they usually resign when the state government that appointed them loses its majority or resigns.

• Distinction from Attorney General: The Advocate General is the chief law officer of the state, equivalent to the Attorney General of India, who is the chief law officer of the Union government.