Question

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

i. The Advocate General enjoys all privileges and immunities available to state legislature members.

ii. The Advocate General’s remuneration is fixed by the Constitution.

iii. The Advocate General can participate in the proceedings of the state legislature’s committees.

• 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 a State

• Constitutional Provision: Article 165 of the Indian Constitution deals with the appointment and qualifications of the Advocate General for a State.

• Privileges and Immunities:

  • The Advocate General of a State enjoys certain privileges and immunities. Statement (i) is correct because, as per Article 194(3) of the Constitution, the Advocate General of a State has the same privileges and immunities as are available to a member of the State Legislature.

  • These privileges include immunity from arrest in civil proceedings (except for criminal matters) and freedom from attending court proceedings when engaged in duties as Advocate General.

• Remuneration: Statement (ii) is incorrect. The remuneration of the Advocate General is *not* fixed by the Constitution. Instead, it is determined by the Governor of the state, subject to any law made by the State Legislature. This provides flexibility in determining their pay based on state-specific factors and economic conditions.

• Participation in Legislature: Statement (iii) is correct. The Advocate General has the right to take part in all proceedings of the State Legislature and its committees, as granted under Article 177 of the Constitution. However, they do not have the right to vote in these proceedings. This ensures that the government receives legal advice during legislative debates and committee discussions.

• Key Distinction: Unlike the Attorney General of India, who participates in Union legislative proceedings, the Advocate General's participation is limited to the State Legislature.

• Appointment: The Advocate General is appointed by the Governor of the State and must be a person qualified to be appointed a Judge of a High Court.

• Tenure: The Advocate General holds office during the pleasure of the Governor.