Question

Which of the following statements correctly describe the term and removal of the Advocate General?

1. The Constitution fixes the term of office for the Advocate General as five years.

2. The Constitution provides a specific procedure for the removal of the Advocate General.

3. The Advocate General holds office at the pleasure of the Governor.

4. The Advocate General can be removed by the President of India on the advice of the Governor.

How many of the above statements are correct?

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

Answer 1

Answer:

A. Only one

Advocate General for the State: Key Provisions and Removal

• Constitutional Ambit: Article 165 of the Constitution of India 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 Advocate General, an individual must be a citizen of India and should have held a judicial office in India for not less than ten years or be an advocate in any High Court for not less than ten years.

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

• Removal: Similarly, there is no specific procedure for the removal of the Advocate General laid down in the Constitution. The Governor can remove the Advocate General at any time, without assigning any reason, as the office is held 'at the pleasure of the Governor'.

• Independence: While appointed by the Governor, the Advocate General functions as the chief legal advisor to the state government.

• Distinction from Attorney General: The Attorney General for India (Article 76) holds office during the pleasure of the President and has qualifications similar to a Supreme Court judge.

Analysis of the Statements:

• Statement 1 is incorrect because the Constitution does not fix a five-year term for the Advocate General.

• Statement 2 is incorrect because the Constitution does not provide a specific removal procedure for the Advocate General.

• Statement 3 is correct as the Advocate General holds office at the pleasure of the Governor.

• Statement 4 is incorrect because the Advocate General is removed by the Governor, not the President, and there's no requirement for the Governor's advice in such a presidential removal.

Therefore, only one statement (Statement 3) is correct.