- Statement 1: Advocate General is a constitutional institution formed under Article 165. Article 165 of the Constitution provides for the appointment of the Advocate General for each State by the Governor. This makes the office of Advocate General a constitutional institution. Thus, statement 1 is correct. - Statement 2: Attorney General is not a full-time counsel for the government and he is not debarred from private legal practice. Article 76 provides for the Attorney General for India. The AG is the principal legal advisor to the Government of India. While he has duties towards the government, he is not a full-time government servant and is permitted to undertake private legal practice, provided it does not involve appearing against the Government of India or advising a party in a matter in which he is required to advise the President. Thus, statement 2 is correct. - Statement 3: Attorney General enjoys all the privileges and immunities that are available to the Member of Parliament. Article 88 of the Constitution grants the Attorney General the right to speak in, and otherwise take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but without a right to vote. By convention and legal interpretation (drawing from Article 105 which defines privileges of Parliament and its members), the privileges and immunities of a Member of Parliament are extended to the Attorney General when performing duties related to Parliament. Thus, statement 3 is correct.
Which of the following are correct? 1. Advocate General is a constitutional institution formed under Article 165. 2. Attorney General is not a full-time counsel for the government and he is not debarred from private legal practice. 3. Attorney General enjoys all the privileges and immunities that are available to the Member of Parliament.
Asked in GPSC Prelims CSP 1 2022 · Topic: The Attorney General and the C.A.G. (Rights, Privileges, and Limitations of Attorney General)
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