Question

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

i. The Advocate General must be a citizen of India.

ii. The Advocate General must have been an advocate of a High Court for 15 years.

iii. The Advocate General can hold a judicial office for 10 years as an alternative qualification.

• 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 Qualifications

• Constitutional Basis: The qualifications for the Advocate General are laid down in Article 165 of the Constitution of India.

• Citizenship: As stated in statement (i), the Advocate General must be a citizen of India. This is a fundamental requirement for holding such a high constitutional office.

• Experience Criteria (Alternative): Statement (ii) is incorrect. While extensive legal experience is required, the constitution does not mandate 15 years as an advocate in a High Court. Instead, statement (iii) presents an alternative qualification, which is correct. The Advocate General must have held a judicial office for a period of not less than ten years.

• Alternative Qualification Explained: This means an individual can qualify to be an Advocate General if they have either:

  • Been an advocate of one or more High Courts for at least ten years, OR

  • Held a judicial office in the territory of India for at least ten years.

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

• Role: The Advocate General is the chief legal advisor to the State Government and performs such other duties as are conferred on him by the Constitution or by any other law.

• Distinction from Attorney General: It is important to distinguish the Advocate General (state level) from the Attorney General of India (union level), whose qualifications are similar but apply to the central government.