Which article of the Constitution of India lays down that it shall be the duty of the Advocate-General to give advice to the Government of the State upon legal matters?
- (a)Article 168
- (b)Article 167
- (c)Article 166
- (d)Article 165
Answer
Why
Correct — D. Article 165 creates the office of Advocate-General for a State, and clause (2) is the one the question quotes: it is his duty to give advice to the Government of the State upon such legal matters as the Governor refers to him.
The Governor appoints him, and he must be qualified to be a High Court judge.
Article 165 is the State counterpart of Article 76, which creates the Attorney-General of India.
Why the others are wrong
- (a)Article 168 — Article 168 deals with the constitution of the Legislature of a State — the Governor together with one or two Houses. It is a legislature provision, not a law-officer one.
- (b)Article 167 — Article 167 places a duty on the Chief Minister to furnish the Governor with information about the administration of the State. A duty, but a different office.
- (c)Article 166 — Article 166 governs the conduct of business of the Government of a State, including the rule that executive action is expressed in the Governor's name.
Concept
Part VI of the Constitution covers the States, and its executive block runs in a readable order that is worth learning as a sequence.
Articles 153 to 162 the Governor; 163 and 164 the Council of Ministers and the Chief Minister; 165 the Advocate-General; 166 and 167 the conduct of government business and the Chief Minister's duty to inform the Governor.
The Advocate-General holds office during the pleasure of the Governor. He may speak and take part in the proceedings of either House of the State Legislature, but he cannot vote.
All four options are consecutive numbers from the same Part, so the question cannot be solved by elimination on subject matter. It tests the sequence itself.
Key facts
- Article 165 provides for an Advocate-General for each State, appointed by the Governor.
- The Advocate-General must be qualified to be appointed a judge of a High Court.
- Article 76 provides for the Attorney-General of India, the Union counterpart.
- The Advocate-General may speak in either House of the State Legislature but has no vote.
Study next
Common traps
- Article 166 is the near miss here, because 'conduct of business of the Government of a State' also sounds like advising the government.
- Assuming the Advocate-General is appointed by the Chief Minister, when the Governor makes the appointment.
Learning one article number in isolation does not survive, because SSC also keys the neighbouring articles of the same block: Article 166 is the answer on 11 Sep 2024, 16:00, GA Q.8, and the Attorney-General turns up as a current-affairs item on 23 Sep 2024, 12:30, GA Q.12.
Related PYQs
No directly related past PYQ was found.