Advocate General Practice Questions
19 free Advocate General practice questions for the Indian Polity. Tap an option to answer — you get instant feedback, the correct answer, and a detailed explanation for every question.
Which Article of the Indian Constitution provides for the office of the Advocate General for the State?
- A Article 76
- B Article 148
- C Article 177
- D Article 165
Correct answer: Article 165
Article 165 of the Constitution mandates that each State shall have an Advocate General. This office is the highest law officer in the state, corresponding to the Attorney General of India at the Union level.
Who appoints the Advocate General of a State?
- A The President of India
- B The Chief Justice of the High Court
- C The Chief Minister
- D The Governor of the State
Correct answer: The Governor of the State
The Advocate General is appointed by the Governor of the State. Although the appointment is made by the Governor, it is done on the advice of the State Council of Ministers.
To be eligible for appointment as Advocate General, a person must be qualified to be appointed as a:
- A Judge of a High Court
- B Judge of the Supreme Court
- C District Judge
- D Member of the State Legislature
Correct answer: Judge of a High Court
According to Article 165, the person appointed as Advocate General must be qualified to be appointed as a Judge of a High Court. This includes being a citizen of India and having held a judicial office for ten years or been an advocate of a High Court for ten years.
What is the term of office for the Advocate General of a State as per the Constitution?
- A 5 years, renewable once
- B 6 years or up to the age of 65
- C As fixed by the State Legislature by law
- D The Constitution does not fix a term
Correct answer: The Constitution does not fix a term
The Constitution of India does not provide a fixed tenure for the Advocate General. The office-holder serves at the pleasure of the Governor, meaning they can be removed at any time.
The Advocate General of a State holds office during the pleasure of the:
- A The President of India
- B The Chief Justice of India
- C The Chief Minister
- D The Governor of the State
Correct answer: The Governor of the State
Under Article 165(3), the Advocate General holds office during the pleasure of the Governor. Conventionally, the Advocate General resigns when the state government (Council of Ministers) resigns or is replaced.
Who determines the remuneration of the Advocate General of a State?
- A The Governor of the State
- B The State Legislature by law
- C The President of India
- D The High Court concerned
Correct answer: The Governor of the State
The Constitution specifies that the Advocate General shall receive such remuneration as the Governor may determine. Unlike judges, their remuneration is not fixed by the Constitution or the Legislature directly.
Which of the following is the primary duty of the Advocate General?
- A To advise the State Government on legal matters
- B To preside over sittings of the State Legislative Assembly
- C To conduct elections in the State
- D To audit the accounts of the State Government
Correct answer: To advise the State Government on legal matters
The primary duty of the Advocate General is to give advice to the State Government upon such legal matters as may be referred by the Governor. They also perform other duties of a legal character assigned by the Governor.
Does the Advocate General have the right to speak and take part in the proceedings of the State Legislature?
- A Yes, in both Houses and their committees.
- B No, they are not members of the House.
- C Yes, but only in the Legislative Council.
- D Only if they are elected as a member.
Correct answer: Yes, in both Houses and their committees.
Under Article 177, the Advocate General has the right to speak and participate in the proceedings of both Houses of the State Legislature and any committee of which they may be named a member. However, they do not have the right to vote.
In terms of legal proceedings, where does the Advocate General have the right of audience?
- A Only in the High Court of the respective State
- B In all courts within the territory of India
- C In all courts in that State
- D Only in the Supreme Court
Correct answer: In all courts in that State
In the performance of their official duties, the Advocate General has the right of audience in all courts in the State to which they are appointed. This allows them to represent the State Government effectively in any local legal forum.
Can the Advocate General vote in a session of the State Legislative Assembly?
- A Yes, as they are officially an integral part of the House.
- B No, they have the right to speak but not to vote.
- C Only in the case of an exact tie in voting.
- D Yes, with the permission of the Speaker.
Correct answer: No, they have the right to speak but not to vote.
Despite having the right to participate in legislative proceedings and speak in the House, the Advocate General is strictly prohibited from voting. This is because they are not an elected member of the Legislature.
When the State Council of Ministers resigns, what happens to the Advocate General?
- A They continue until the end of their 5-year term.
- B They are automatically dismissed by the President.
- C By convention, they resign along with the Council.
- D The Governor must re-appoint them within 48 hours.
Correct answer: By convention, they resign along with the Council.
Conventionally, the Advocate General resigns when the government (Council of Ministers) that advised their appointment resigns. This is because the office is essentially a political-legal appointment to assist the sitting government.
Which of the following is NOT a disqualification for the Advocate General?
- A Being an undischarged insolvent
- B Being in a political party
- C Being of unsound mind
- D Not being a citizen of India
Correct answer: Being in a political party
Being a member of a political party is not a legal disqualification for the office of Advocate General. However, they must meet the qualifications of a High Court judge, such as citizenship and legal experience.
The Advocate General enjoys all the privileges and immunities available to:
- A A Sitting Judge of the High Court
- B A Member of the Legislature
- C The Governor
- D The Chief Minister of the State
Correct answer: A Member of the Legislature
While participating in the proceedings of the State Legislature, the Advocate General is entitled to all the privileges and immunities that are available to a member of the State Legislature.
Regarding private legal practice, the Advocate General is:
- A Strictly prohibited from any private practice.
- B Allowed to practice but cannot represent clients against the State.
- C Allowed only if the Governor gives written permission for each case.
- D Treated as a full-time government servant.
Correct answer: Allowed to practice but cannot represent clients against the State.
The Advocate General is not a full-time government servant and is not debarred from private legal practice. However, they should not advise or hold a brief against the State Government or defend accused persons in criminal cases without permission.
Who is the first law officer of a State in India?
- A The Chief Justice of the High Court
- B The Law Minister of the State
- C The Advocate General of the State
- D The Director General of Police
Correct answer: The Advocate General of the State
The Advocate General is designated as the first law officer of the State. They are responsible for representing the State in all its legal matters and providing constitutional guidance to the executive.
A person who has been an advocate of a High Court for ______ years is eligible to be the Advocate General.
- A 5 years
- B 7 years
- C 10 years
- D 15 years
Correct answer: 10 years
Since the qualification matches that of a High Court judge, a person must have been an advocate of a High Court (or two or more such courts in succession) for at least ten years to be eligible.
The Advocate General represents the State Government in the Supreme Court in which cases?
- A Only in criminal cases
- B Only in cases involving the Governor's personal property
- C In cases where the State is a party or interested
- D Never; only the Attorney General represents states in the Supreme Court
Correct answer: In cases where the State is a party or interested
The Advocate General appears on behalf of the State Government in the High Court and the Supreme Court in cases in which the State is concerned. They ensure the State's legal interests are defended at all levels of the judiciary.
Which Article gives the Advocate General the 'Right to Speak' in the State Legislature?
- A Article 165
- B Article 177
- C Article 194
- D Article 202
Correct answer: Article 177
Article 177 deals with the rights of Ministers and the Advocate General as respects the Houses. It specifically grants them the right to speak and take part in proceedings without a right to vote.
Is the Advocate General a member of the State Cabinet?
- A Yes, ex-officio
- B Yes, but only if they are also an MLA
- C Only in the case of a Union Territory
- D No, but may attend if invited
Correct answer: No, but may attend if invited
The Advocate General is not a member of the State Cabinet. However, they are an important part of the state executive and are often called upon to attend cabinet meetings when legal advice on specific policies or bills is required.