Question

Which statements are true in relation to the Advocate General’s appointment and qualifications?

i. The Advocate General is appointed by the Governor.

ii. The Advocate General must have been an advocate for 10 years in a High Court.

iii. The Advocate General must be a resident of the state they serve.

iv. The Advocate General must be at least 45 years old.

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

Answer 1

Answer:

C. The first two statements (i and ii) are correct

Advocate General:

• Constitutional Provision: Article 165 of the Constitution of India deals with the office of the Advocate General for a State.

• Appointment: The Advocate General of a State is appointed by the Governor of that State.

• Qualifications: To be appointed as the Advocate General, a person must meet specific criteria related to legal experience:

  • Must have held a judicial office in India for at least ten years.

  • OR Must have been an advocate for at least ten years in any High Court (or in two or more such courts in succession).

• Residency Requirement: There is no explicit constitutional requirement for the Advocate General to be a resident of the state they serve. However, it is generally expected that they have a connection to the state.

• Age Limit: The Constitution does not prescribe any minimum age limit for the appointment of the Advocate General.

• Tenure: The Advocate General holds office during the pleasure of the Governor.

• Role: The Advocate General is the chief legal advisor to the government of the State and performs duties as may be referred to them by the Governor.

• Comparison with Attorney General: Similar to the Advocate General at the state level, the Attorney General of India is the chief legal advisor to the Union Government, appointed by the President under Article 76 of the Constitution. The Attorney General also has qualifications related to being a judge of a High Court or a senior advocate.