Question

Which statement incorrectly describes a feature of the Advocate General's office?

• A. He is the highest law officer in the state.
• B. He is appointed by the Governor.
• C. He has the right to vote in state legislative proceedings if he chooses to.
• D. He must be qualified to be a High Court judge.

Answer 1

Answer:

C. He has the right to vote in state legislative proceedings if he chooses to.

Advocate General of a State:

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

• 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, have held a judicial office in India for at least ten years, or have been an advocate in one or more High Courts for at least ten years.

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

• Duties and Functions: The Advocate General advises the State Government on legal matters referred to them by the Governor. They also perform other legal duties assigned by the Governor and represent the state in proceedings before the Supreme Court and High Courts in cases concerning the state.

• Rights: The Advocate General has the right to speak and take part in the proceedings of the State Legislature (both Houses, if bicameral) and any committee of the Legislature of which they may be named a member.

• Limitations: However, the Advocate General does not have the right to vote in the proceedings of the State Legislature. This right is reserved for elected and nominated members.

• Distinction from Attorney General: The Advocate General is the highest law officer in the state, analogous to the Attorney General of India at the Union level, but with state-specific responsibilities.