Question

Which of the following statements about the Advocate General's office is most accurate?

• A. The Advocate General's primary role is to act as the legal counsel for the State High Court.
• B. The Advocate General's remuneration is decided by the State Legislature, similar to its members.
• C. The Advocate General provides legal advice to the state government on matters referred by the Governor.
• D. The Advocate General's term of office is co-terminus with the state government that appoints him/her.

Answer 1

Answer:

C. The Advocate General provides legal advice to the state government on matters referred by the Governor.

Advocate General of the State in Indian Polity

• The office of the Advocate General for a State is established under Article 165 of the Constitution of India.

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

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

• Term of Office: The Constitution does not specify a fixed term for the Advocate General. They hold office during the pleasure of the Governor.

• Duties and Functions:

  • To give advice to the Government of the State 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 the High Courts in which the Government is concerned.

  • The Advocate General has the right to speak and to take part in the proceedings of the Legislative Assembly (or the Legislative Council, if any) of the State, and also to speak and to take part in any committee of the Legislature of the State of which he may be named a member, but without the right to vote.

• Remuneration: The remuneration and other conditions of service of the Advocate General are determined by the Governor.

• Distinction from Attorney General: The Attorney General of India (Article 76) holds a similar position at the Union level, advising the Central Government.

• Significance for Competitive Exams: Understanding the constitutional provisions, appointment, powers, and duties of the Advocate General is crucial for exams like UPSC Civil Services, State PSCs, and other administrative examinations. Pay close attention to the articles and the role of the Governor in their appointment and removal.