Question

Which of the following statements are not associated with the Advocate General?

i. The Advocate General is appointed by the President of India.

ii. The Advocate General’s term is fixed at six years by the Constitution.

iii. The Advocate General has the right to vote in the state legislature.

iv. The Advocate General advises the state government on legal matters.

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

Answer 1

Answer:

A. i, ii, and iii are incorrect statements

Advocate General of the State

• Appointment: The Advocate General is appointed by the Governor of the respective state, not the President of India.

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

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

• Role and Functions: The Advocate General acts as the chief legal advisor to the state government and performs functions as may be referred by the Governor. This includes representing the state government in all court cases in which the government is a party.

• Rights in State Legislature: The Advocate General has the right to speak and to take part in the proceedings of both Houses of the State Legislature (or either House if there are two Houses). However, they do not have the right to vote in the legislature.

• Constitutional Provisions: The office of the Advocate General is dealt with under Article 165 of the Indian Constitution.

• Distinction from Attorney General: While the Advocate General is the highest law officer for the state, the Attorney General is the highest law officer for the Union of India, appointed by the President under Article 76.