Question

Which of the following statement(s) accurately describe the office of the Advocate General?
i. The office of the Advocate General for the states is dealt with by Article 165 of the Constitution.
ii. The Advocate General holds the position of the highest law officer in the state.
iii. The role of the Advocate General at the state level is comparable to that of the Attorney General of India at the Union level.
iv. The Advocate General is a member of the State Legislature, appointed by the Governor.

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

Answer 1

Answer:

C. Only i, ii, and iii

Key Aspects of the Advocate General's Office:

• Constitutional Basis: Article 165 of the Indian Constitution specifically deals with the appointment and functions of the Advocate General for each state. This makes statement (i) accurate.

• Highest Law Officer: The Advocate General serves as the principal legal advisor to the state government and is considered the highest law officer within that state. This confirms statement (ii) as correct.

• Analogy with Attorney General: The role and responsibilities of the Advocate General at the state level are analogous to those of the Attorney General of India at the Union level. Both are the chief legal advisors to their respective governments. This validates statement (iii).

• Appointment and Membership: The Advocate General is appointed by the Governor of the respective state. However, they are not automatically a member of the State Legislature. While they have the right to speak in the legislature, they do not have voting rights unless they are a nominated member. Therefore, statement (iv) is inaccurate because it incorrectly states they are a member of the State Legislature.

• Qualifications: To be appointed as an Advocate General, a person must be qualified to be appointed a Judge of the High Court.

• Term and Removal: The Advocate General holds office during the pleasure of the Governor. There is no fixed term, and they can be removed by the Governor at any time.

• Duties: The Advocate General advises the state government on legal matters, appears on behalf of the government in High Courts and other courts, and performs other duties conferred by the Constitution or any other law.