Question

Which of the following is/are correct regarding the duties of the Advocate General?

i. Advising the state government on legal matters referred by the Governor.

ii. Representing the state in all legal proceedings outside the state.

iii. Participating in the state legislature’s proceedings without voting rights.

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

Answer 1

Answer:

B. Only i and iii

Advocate General of the State

• The Advocate General is the chief legal advisor to the State Government.

• Constitutional Basis: Article 165 of the Indian Constitution deals with the appointment and duties of the Advocate General.

• Appointment: The Advocate General is appointed by the Governor of the State.

• Qualifications: A person must be a citizen of India and have held a judicial office in India for at least ten years, or have been an advocate for ten years in any High Court or in two or more such courts, to be qualified for appointment.

Key Duties and Responsibilities:

• Advising the State Government: The Advocate General advises the State Government upon such legal matters and performs such other duties of a legal character as may from time to time be referred or assigned to him by the Governor.

• Representing the State: He represents the State Government in all cases in the Supreme Court and in all cases in the High Court in which the State Government is concerned.

• Powers in Legislature: The Advocate General has the right to speak and to take part in the proceedings of the Legislative Assembly or, if it is a bicameral legislature, both Houses of the State Legislature, and any committee of the Legislature of which he may be named a member. However, he does not have the right to vote.

• Distinction from Attorney General: The Advocate General is to the State Government what the Attorney General is to the Union Government.

Important Considerations for Exams:

• While the Advocate General represents the state in legal proceedings, the scope of representation is primarily within the High Court and Supreme Court concerning matters involving the state government. The statement regarding representing the state in 'all legal proceedings outside the state' is too broad and not precisely accurate as per constitutional provisions.

• The right to participate in legislative proceedings without voting is a significant power granted to the Advocate General, similar to the Attorney General in the Parliament.