Question

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

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

ii. The Advocate General must be qualified to be a High Court judge.

iii. The Advocate General enjoys voting rights in the state legislature.

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

Answer 1

Answer:

B. Only ii

Advocate General of a State

• Appointment: The Advocate General for a State is appointed by the Governor of that State, not the President of India. This is a key distinction often tested in competitive exams.

• Qualifications: To be appointed as the Advocate General, an individual must meet specific criteria as outlined in Article 165 of the Constitution. These qualifications are identical to those required for appointing a judge of a High Court.

  • A citizen of India.

  • Has held a judicial office for at least ten years.

  • Has been an advocate for at least ten years in one or more High Courts.

• Role and Rights: The Advocate General has the right to speak and to take part in the proceedings of the State Legislature (and any committee thereof of which he may be named a member), but without having the right to vote. This right is similar to that of the Attorney General in relation to the Union Parliament.

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

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