Question

Which of the following statements accurately describe the duties and functions of the Advocate General?

1. He/She is the chief law officer of the state government.

2. He/She advises the state government on legal matters referred by the Chief Minister.

3. He/She performs other legal duties assigned by the Governor.

4. He/She discharges functions conferred by the Constitution or any other law.

How many of the above statements are correct?

• A. Only one
• B. Only two
• C. Only three
• D. All four

Answer 1

Answer:

C. Only three

Advocate General of the State:

• The Advocate General is the highest law officer in a state, akin to the Attorney General at the Union level.

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

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

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

• Tenure and Remuneration: The Constitution does not specify the tenure of the Advocate General, nor does it lay down any grounds for their removal. They hold office during the pleasure of the Governor. Their remuneration is also determined by the Governor.

• Duties and Functions:

  • To advise the State Government 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 on him by or under the Constitution, or by any other law made from time to time.

  • The Advocate General has the right to speak and to take part in the proceedings of the State Legislature (both Houses), but without the right to vote.

  • He/She represents the state government in all court cases in which the state is a party.

  • He/She advises the state government on legal issues and provides legal opinions when sought.

  • He/She can also be asked to represent the state in any legal proceedings before the High Court or any other court.

• Limitations: The Advocate General cannot accept any brief on behalf of any accused person, nor can he/she advocate against the government (State Government).