Question

Which statements are true in relation to the Advocate General?

i. The Advocate General is the highest law officer in the state.

ii. The Advocate General is appointed by the Chief Minister of the state.

iii. The Advocate General corresponds to the Attorney General of India at the state level.

iv. The Advocate General’s term of office is fixed at five years by the Constitution.

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

Answer 1

Answer:

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

Advocate General of the State

• Constitutional Provision: Article 165 of the Constitution of India deals with the Advocate General for the State.
• Role: The Advocate General is the highest law officer in the state, analogous to the Attorney General of India at the Union level.
• Appointment: The Advocate General is appointed by the Governor of the state, not the Chief Minister.
• Qualifications: To be appointed as Advocate General, a person must be a citizen of India, have held a judicial office for not less than 10 years, or have been an advocate for 10 years in any High Court or in two or more such courts.
• Term of Office: The Constitution does not specify a fixed term of office for the Advocate General. They hold office during the pleasure of the Governor. This means they can be removed by the Governor at any time.
• Functions: The Advocate General advises the state government on legal matters, performs duties conferred upon him by the Constitution or by any other law, and discharges functions conferred on him by or under the Constitution or any law made thereunder.
• Rights: The Advocate General has the right to speak and to take part in the proceedings of the Legislative Assembly or the Legislative Council (if it exists) of the state, but without a right to vote.