Q. With reference to Advocate General of a State, consider the following statements:
1. S/he is appointed by the President of India after consultation with Governor and the Chief Justice of the High court of respective state.
2. S/he advises the government on legal matters of the state that is referred by the governor.
3. S/he has the right to speak and take part in proceedings of both houses of the state legislature.
4. S/he has the fixed tenure of 5 years or up to 65 years of age, whichever is earlier.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
Article 165-177 of Part VI of the Indian Constitution deals with the authority and functions of Advocate General of State.
Statement 1 is incorrect. The Governor of each state (not the President) shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State.
Statement 2 is correct. The Advocate General advice the state government on any legal matters that is referred to him by the Governor of the state.
Statement 3 is correct. Article 177 of the Indian Constitution gives the Advocate-General of State the right to speak in and take part in the proceedings of the Legislative Assembly and Legislative Council of a state, but is not entitled to vote.
Statement 4 is incorrect. The Constitution does not fix the term of office/tenure of Advocate General in India. The Advocate General of a state holds office during pleasure of Governor.
