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UPSC Prelims 2009 · Polity · Governor & State Government
Consider the following statements:
- 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.
- As provided in Civil Procedure Code, High Courts have original, appellate and advisory jurisdiction at the State level.
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Show the answer and explanation
Answer: (d) Neither 1 nor 2
The Governor appoints; High Courts have no advisory role.
Statement by statement
1. ✗ WRONG — Art. 165 The Governor appoints the Advocate General, who holds office during the Governor’s pleasure (Art. 165).
2. ✗ WRONG High Courts have no advisory jurisdiction. Only the Supreme Court advises — the President, under Art. 143.
The idea
Mirror offices: Attorney General (Art. 76) — appointed by the President, qualified to be an SC judge. Advocate General (Art. 165) — appointed by the Governor, qualified to be a HC judge. Both can speak in their legislature but cannot vote (Arts. 88, 177).
Why the others are wrong
(a) The President plays no part in appointing an Advocate General.
(b) No High Court has advisory jurisdiction.
(c) Both are wrong.
The trap
Statement 1 sounds like how judges are appointed (President on recommendations). Law officers of a State are the Governor’s own.
🔒 AG (Art. 76) ← President · Advocate General (Art. 165) ← Governor · advisory jurisdiction = Supreme Court only (Art. 143).
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