Question

Which statements are true in relation to the Advocate General’s duties?

i. The Advocate General advises the state government on legal matters.

ii. The Advocate General can vote in the state legislature.

iii. The Advocate General performs legal duties assigned by the Governor.

iv. The Advocate General has the right to appear in courts outside the state.

• A. All statements are correct
• B. All statements are incorrect
• C. The first and third statements (i and iii) are correct
• D. The second and fourth statements (ii and iv) are incorrect

Answer 1

Answer:

C. The first and third statements (i and iii) are correct

Advocate General of the State

• Constitutional Role: The Advocate General is the chief legal advisor to the State Government, as per Article 165 of the Indian Constitution.

• Appointment: Appointed by the Governor of the state.

• Eligibility: Must be a person qualified to be appointed a Judge of a High Court.

• Duties:

  • To advise the State Government upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred, or assigned to him by the Governor.

  • To discharge the functions conferred on him by or under the Constitution or any other law for the time being in force.

• Rights:

  • The Advocate General has the right to speak and to take part in the proceedings of the Legislative Assembly of the State or, if there are two Houses of the Legislature of the State, in the proceedings of both Houses, or in any committee of the Legislature of which he may be named a member, but he shall not be entitled to vote. (Article 177)

  • He has the right to appear in any court within the territory of the State in relation to the legal matters of the State Government.

• Distinction from Attorney General: The Attorney General of India is the chief legal advisor to the Union Government, appointed under Article 76.

• Exclusivity of Voting Rights: Members of the legislature are the only ones entitled to vote in legislative proceedings. The Advocate General, despite participating in discussions, does not have voting rights.