Consider the following statements: 1. It shall be the duty of the Advocate General to give advice to the Government of the State upon legal matters. 2. The Advocate General shall hold office during the pleasure of the Cabinet. Which of the statements given above is/are correct?
- (a)1 only
- (b)2 only
- (c)Both 1 and 2
- (d)Neither 1 nor 2
Correct — A, 1 only. Under Article 165(2), it is indeed the Advocate General's constitutional duty to advise the State Government on legal matters. But statement 2 is wrong: Article 165(3) says the Advocate General holds office during the pleasure of the GOVERNOR, not the Cabinet.
- (b)2 only — Wrong on both counts: statement 1 (the duty to advise the State Government) is actually TRUE, and statement 2 (pleasure of the Cabinet) is false — so '2 only' cannot be right.
- (c)Both 1 and 2 — Statement 2 misstates the tenure clause — the Advocate General serves during the pleasure of the Governor (Article 165(3)), not the Cabinet, so both cannot be correct.
- (d)Neither 1 nor 2 — Wrong — statement 1 correctly states the Advocate General's constitutional duty to advise the State Government on legal matters (Article 165(2)).
Article 165 of the Constitution establishes the office of the Advocate General for a State — the State's chief law officer. The Governor appoints the Advocate General, who must be qualified to be a High Court judge. Under Article 165(2), the Advocate General's duty is to advise the State Government on legal matters and perform other legal duties the Governor assigns. Under Article 165(3), the Advocate General holds office during the pleasure of the GOVERNOR, not the Cabinet or Council of Ministers.
MPPSC/UPSC commonly test statement-pairs on Article 165, deliberately swapping 'Governor' for 'Cabinet', 'Council of Ministers' or 'President' in the appointment or tenure clauses, to check whether the student has the exact constitutional wording rather than a general impression.
- The Advocate General is appointed by the Governor of the State (Article 165(1)).
- Duty: to advise the State Government on legal matters (Article 165(2)).
- Holds office during the pleasure of the GOVERNOR (Article 165(3)) — not the Cabinet.
- Must be qualified to be appointed a High Court judge.
Only the duty-to-advise clause is correctly stated; the tenure clause wrongly substitutes 'Cabinet' for 'Governor'.
- Confusing the Advocate General's tenure (pleasure of the Governor) with the pleasure of the Cabinet/Council of Ministers
- Confusing the State's Advocate General with the Union's Attorney General
MPPSC/UPSC frequently frame statement-based questions on Article 165 — appointment, duties and tenure of the Advocate General — deliberately swapping the constitutional authority named in each clause.
Consider the following statements : 1. The Advocate General of a State in India is appointed by the President of India upon the recommendation of the Governor of the concerned State. 2. As provided in Civil Procedure Code, High Courts have original, appellate and advisory jurisdiction at the State level. Which of the statements given above is/are correct ?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer(d) Neither 1 nor 2
Same constitutional office (Advocate General under Article 165) — this 2009 UPSC question tests the appointing authority (Governor directly, not the President), while the 2024 MPPSC question tests the duty and tenure clauses (pleasure of the Governor, not the Cabinet).
- practice — not a real PYQ
The Advocate General of a State is appointed by:
- (a)The President of India
- (b)The Governor of the State
- (c)The Chief Justice of the High Court
- (d)The Chief Minister of the State
Answer(b) The Governor of the State (Article 165(1)).
- practice — not a real PYQ
To be appointed Advocate General of a State, a person must be qualified to be appointed as:
- (a)A judge of the Supreme Court
- (b)A judge of the High Court
- (c)A District Judge
- (d)The Attorney General of India
Answer(b) A judge of the High Court (Article 165(1)).