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 th

Question

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?

UnlockIAS · Accepted Answer

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.

Why the other options are wrong — (b) 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) 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) Wrong — statement 1 correctly states the Advocate General's constitutional duty to advise the State Government on legal matters (Article 165(2)).

Concept: 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.

State PCS 2024 Q19 — Indian Polity PYQ with Answer

State PCS 2024 Q19 — Indian Polity PYQ with Answer