Question

Which of the following statements is/are correct about the Advocate General’s term and removal?

i. The Constitution specifies a fixed term of office for the Advocate General.

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

iii. By convention, the Advocate General resigns when the Governor changes.

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

Answer 1

Answer:

B. Only ii and iii

Advocate General of a State

• Constitutional Provisions: Article 165 of the Constitution of India deals with the Advocate General for each state.

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

• Qualifications: The qualifications required are the same as those for a judge of the High Court.

• Term of Office:

  • The Constitution does not specify a fixed term for the Advocate General.

  • The Advocate General holds office during the pleasure of the Governor. This means the Governor can remove the Advocate General at any time without assigning any reason.

• Resignation:

  • There is no formal procedure for resignation laid down in the Constitution.

  • However, by convention, the Advocate General usually resigns when the State Government (and thus the Governor) changes. This ensures political neutrality and smooth functioning.

• Comparison with Attorney General: Similar to the Advocate General, the Attorney General of India (appointed under Article 76) also holds office during the pleasure of the President and has no fixed term.

• Significance for Competitive Exams: Pay close attention to the wording regarding 'fixed term' and 'pleasure of the Governor/President' as these are common areas for MCQs related to constitutional offices. The distinction between constitutional provisions and convention is also crucial.