Question

Which statement regarding the Advocate General's powers is incorrect?

• A. The Advocate General has the right to appear before any court within the state.
• B. The Governor assigns other legal duties to the Advocate General.
• C. The Advocate General's functions are solely derived from the Constitution, not from any other law.
• D. The Advocate General can participate in the state legislature's committees.

Answer 1

Answer:

C. The Advocate General's functions are solely derived from the Constitution, not from any other law.

Advocate General of a State in India

• The Advocate General (AG) for a State is the chief law officer of that State.

• Constitutional Basis: Article 165 of the Constitution of India deals with the appointment, qualifications, and functions of the Advocate General.

• Appointment: The AG is appointed by the Governor of the respective State.

• Qualifications: A person must be a citizen of India and should have held a judicial office in India for at least ten years or have been an advocate for at least ten years in any High Court or in two or more such courts.

• Functions: The AG advises the State Government on legal matters, performs duties conferred by the Constitution or any other law, and discharges functions conferred on him by or under any law currently in force.

• Rights: The AG has the right to speak and to take part in the proceedings of the State Legislature (both Houses, if bicameral) and any committee of the legislature of which he may be named a member, but without the right to vote.

• Remuneration: The remuneration of the AG is determined by the Governor.

• Distinction from Attorney General: The Attorney General is the chief law officer for the entire country, appointed by the President under Article 76. The Advocate General is the chief law officer for a State.

• Statutory Powers: While the Constitution (Article 165) outlines the AG's role, various state laws and acts also assign specific duties and powers to the Advocate General. Therefore, their functions are derived from both the Constitution and other relevant laws, not solely from the Constitution.