Which of the following is incorrect statement?

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Rajasthan Gram Vikas Adhikari (VDO) 27 Dec 2021 Shift 2 Official Paper
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  1. It shall be the duty of the Advocate General to give advice to the Government of the state on legal matters.
  2. Remuneration of the Advocate General is determined by the Governor.
  3. Advocate General for the state is appointed by Chief Justice of High Court.
  4. The Advocate General shall hold office during the pleasure of the Governor.

Answer (Detailed Solution Below)

Option 3 : Advocate General for the state is appointed by Chief Justice of High Court.
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Detailed Solution

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The correct answer is Advocate General for the state is appointed by the Chief Justice of the High Court.

Key Points

  • Advocate General for the State: 
    • Article 165 deals with the Advocate General for the State and Article 177 deals with the rights of Ministers and Advocate-General as respects the Houses.
    • The Advocate General is the highest law officer in the state.
    • He is responsible to assist the state government in all its legal matters.
    • He defends and protects the interest of the state government.
    • The office of the Advocate General in state corresponds to the office of Attorney General of India.
    • The Governor of each State shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State.
    • The Governor appoints the Advocate General of the state. Hence, Option 3 is correct.
    • The person who is appointed should be qualified to be appointed a judge of a high court. That means, he should be a citizen of India and should have held a judicial office for ten years or been an advocate of a high court for ten years.
    • The constitution does not provide for fixed tenure to the Advocate General. So, he holds office during the pleasure of the governor of the state concerned.
    • He can be removed by the governor at any time. There is no procedure or ground mentioned in the constitution for his removal.
    • The Advocate General receives such remuneration as the Governor may determine.
    • The constitution has not fixed the remuneration of the Advocate General.
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