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Consider the following statements regarding an Advocate General of the state: (a) He must be a person who is qualified to be appointed as a judge of a High Court. (b) He enjoys all the privileges and immunities that are available to a judge of a High Court. (c) He receives remuneration that is available to a judge of a High Court. (d) He holds office for a period of five years or up to the age of 62 years. Which of the statements given above is/are correct?

Consider the following statements regarding an Advocate General of the state: (a) He must be a person who is qualified to be appointed as a judge of a High Court. (b) He enjoys all the privileges and immunities that are available to a judge of a High Court. (c) He receives remuneration that is available to a judge of a High Court. (d) He holds office for a period of five years or up to the age of 62 years. Which of the statements given above is/are correct? Correct Answer (a) only

Solution

The correct answer is (a) only

Key Points

  • The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.
  • The post is created by the Constitution of India (Article 165) and corresponds to that of the Attorney General for India at the union government level.
  • It shall be the duty of the Advocate-General to give advice to the Government of the State 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
  • He discharges the functions conferred on him by or under this Constitution or any other law for the time being in force.
  • The constitution does not provide for fixed tenure to the Advocate General. So, Advocate General holds office during the pleasure of the governor of the state concerned.
  • The Advocate General receives such remuneration as the Governor may determine. The constitution has not fixed the remuneration of the Advocate General.

Important Points

  • Advocate General Of State:
    • Advocate General is the Highest Law Officer and is part of the state executive.
    • It is a Constitutional post and Article 165 in the Constitution of India defines the procedure of appointment, removal, and functions of the Advocate General of State.
    • Appointment & Term:
      • He is appointed by the Governor and enjoys the office during the pleasure of the Governor.
    • The qualification to become an advocate general is the same as that of a Judge of a High Court.
      • Must be a citizen of India.
      • Must have held a judicial office for 10 years.
      • He has been an advocate in the High court for 10 years.
      • The remuneration of the Advocate General is decided by the Governor. 

Related Questions

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