Question

Which of the following is/are correct regarding the Advocate General under Article 165 of the Indian Constitution?

i. The Advocate General is appointed by the President of India.

ii. The Advocate General must be qualified to be appointed as a High Court judge.

iii. The Advocate General enjoys voting rights in the state legislature.

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

Answer 1

Answer:

A. Only ii

Advocate General of a State in India

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

• Appointment: The Advocate General of a State is appointed by the Governor of that particular state, not the President of India. This is a key distinction often tested in competitive exams.

• Qualifications: To be appointed as the Advocate General, a person must possess the qualifications required to be appointed as a Judge of a High Court. This includes being a citizen of India and having held a judicial office for at least ten years or being an advocate for at least ten years.

• Role and Functions: The Advocate General is the chief legal advisor to the government of the concerned state. They represent the state in all legal proceedings before the High Court and any other courts within the state.

• Rights in Legislature: The Advocate General has the right to speak and take part in the proceedings of the State Legislature (both houses, if bicameral) and any committee of the legislature of which they may be named a member. However, they do not have the right to vote in the legislature. This is similar to the Attorney General's position in relation to the Union Parliament.

• Tenure and Salary: The Constitution does not specify a fixed tenure for the Advocate General. They hold office during the pleasure of the Governor. Their salary and allowances are also determined by the Governor.