Question

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

i. The Advocate General enjoys all privileges and immunities available to members of the state legislature.

ii. The Advocate General can vote in the state legislature’s committees.

iii. The Advocate General has the right to appear before any court within the state.

• 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

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

• Nature of Appointment: The Advocate General is the chief legal advisor to the government of the state.

• Privileges (Statement i): The Advocate General enjoys all privileges and immunities that are available to a member of the State Legislature. This is explicitly stated in Article 177 of the Constitution, which grants the Advocate General the right to speak and take part in the proceedings of the State Legislature and any committee thereof, along with all privileges and immunities available to a member of the Legislature.

• Right to Vote (Statement ii): While the Advocate General can participate in the proceedings of the State Legislature and its committees, they do not have the right to vote in these proceedings. This is a crucial distinction from members of the legislature.

• Right to Appear Before Courts (Statement iii): The Advocate General has the right to appear before any court within the territory of the state in which they are appointed. This ensures they can represent the state's legal interests effectively. This right is also covered under Article 177 of the Constitution.

• Eligibility: To be appointed as Advocate General, a person must be a citizen of India and should have held a judicial office in India for not less than ten years or an advocate for not less than ten years in any High Court or in two or more such courts.

• Role in Legislature: The Advocate General has the right to address the State Legislature, participate in its debates, and sit in its committees, but they are not a member of the legislature and therefore cannot vote.