Question

Which of the following statements is/are correct about the Advocate General’s duties?

i. The Advocate General advises the state government on legal matters referred by the Governor.

ii. The Advocate General can vote in the state legislature’s committee proceedings.

iii. The Advocate General has the right to appear before any court within the state.

• A. Only i
• B. Only i and iii
• C. Only ii and iii
• D. All of the above (i, ii, and iii)

Answer 1

Answer:

B. Only i and iii

Advocate General of the State

• Constitutional Basis: The office of the Advocate General for a state is established under Article 165 of the Constitution of India.

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

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

• Role and Duties:

  • The primary duty of the Advocate General is to advise the state government upon such legal matters and perform such other duties of a legal character as may from time to time be referred or assigned to him by the Governor. (Statement i is correct)

  • He also discharges the functions conferred on him by or under the Constitution or any other law for the time being in force.

  • The Advocate General has the right to speak and to take part in the proceedings of the State Legislature (or both Houses if they are two) and any committee of the Legislature of which he may be named a member, but without the right to vote. (Statement ii is incorrect)

  • He has the right to appear before any court within the territory of the state in relation to the business of the state government. (Statement iii is correct)

• Remuneration: The remuneration and other conditions of service of the Advocate General are determined by the Governor.

• Distinction from Attorney General: The Advocate General is the highest legal officer in the state, analogous to the Attorney General of India at the Union level.