Question

Which of the following statement(s) about the Advocate General's qualifications and tenure is/are accurate?
i. A person is qualified to be Advocate General if they have been a judicial officer for 10 years or an advocate of a High Court for 10 years.
ii. The Constitution does not fix the Advocate General's term of office.
iii. The Governor determines the Advocate General's remuneration.
iv. The Advocate General must resign when the Chief Minister changes, as per constitutional mandate.

• A. i, ii, and iii are accurate
• B. Only i and ii are accurate
• C. Only ii, iii, and iv are accurate
• D. All statements are accurate

Answer 1

Answer:

A. i, ii, and iii are accurate

Qualifications and Role of the Advocate General of a State

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

• Eligibility Criteria: To be appointed as the Advocate General, a person must meet specific qualifications:

  • Judicial Officer: Must have held a judicial office in India for at least ten years.

  • High Court Advocate: Must have been an advocate of a High Court (or two or more such Courts in succession) for at least ten years.

• Tenure:

  • The Constitution does not specify a fixed term for the Advocate General.

  • The Advocate General holds office during the pleasure of the Governor.

  • There is no bar on reappointment.

• Remuneration:

  • The remuneration of the Advocate General is determined by the Governor of the respective state.

  • This amount is paid from the Consolidated Fund of the State.

• Resignation:

  • The Advocate General can resign at any time by submitting their resignation to the Governor.

  • There is no constitutional mandate that the Advocate General must resign upon a change in the Chief Minister. The appointment is at the pleasure of the Governor, not directly tied to the tenure of the Chief Minister.

• Key Function: The Advocate General is the chief law officer of the state government and advises the government on legal matters.

• Appointment: Appointed by the Governor on the recommendation of the government of that state.