Consider the following statements:

1. The appointment of the Advocate General of a state is done by the state governor while removal is done by the President.

2. The Attorney General and Advocate General of the state resigns with the resignation of Government at the Union and the concerned state.

Which of the statements given above is/are incorrect?

Solution

• Statement 1 is incorrect: The Advocate General of State is the highest law officer of the State and is mentioned under Article 165 of the Constitution of India. He is appointed by the Governor of the state and must be qualified enough to be appointed as the judge of the High Court. He holds office during the pleasure of the governor. He can be removed by the governor at any time and must also tender his resignation to the Governor. He is not removed by the President. • Statement 2 is correct: The Attorney General of India is the highest law officer of the country and is mentioned under Article 176 of the Constitution. He is appointed by the President and must be qualified enough to be appointed as the Judge of the Supreme Court. He enjoys office during the pleasure of the President and can be removed by him at any time. Both the Attorney General of India and the Advocate General of the State are appointed by the respective governments. Hence, the resignation or replacement of the concerned government automatically calls for their resignation or replacement.