Question

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

i. The Advocate General must be a citizen of India.

ii. The Advocate General must have been an advocate for 15 years in a High Court.

iii. The Advocate General must be a resident of the state they serve.

iv. The Advocate General must have held a judicial office for 10 years as an alternative qualification.

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

Answer 1

Answer:

B. ii and iii are incorrect statements

Advocate General of a State

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

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

• Qualifications: To be appointed as the Advocate General, a person must meet the following criteria:

  • Must be a citizen of India.

  • Must have held a judicial office in India for at least ten years; OR

  • Must have been a barrister or advocate for at least ten years in any High Court in the territory of India.

• Role and Functions: The Advocate General is the chief legal advisor to the state government and performs functions conferred on him by the Constitution or any other law.

• Disqualification: The Constitution does not specify any grounds for disqualification, but the Governor can remove the Advocate General at any time.

Analysis of the Statements:

• Statement (i) is correct: Citizenship of India is a mandatory qualification.

• Statement (ii) is incorrect: The required experience as an advocate in a High Court is ten years, not fifteen years.

• Statement (iii) is incorrect: While the Advocate General typically resides in the state they serve, it is not a constitutionally mandated qualification. The primary qualification relates to legal experience and citizenship.

• Statement (iv) is correct: Holding a judicial office for ten years is an alternative qualification.

Key Takeaways for Exams:

• Focus on the specific numbers mentioned in the qualifications (e.g., 10 years).

• Understand the appointing authority (Governor) and the relevant Article (Article 165).

• Distinguish between mandatory qualifications and usual practices.