Consider the following statements : The Advocate General of a State

Consider the following statements :

  • The Advocate General of a State in India is appointed by the President of India upon the recommendations of the Governor of the concerned State.
  • As provided in the Code of Civil Procedure, High Courts have original appellate advisory jurisdiction at the State level.

Which of the statements given above is/are correct ?

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC CDS-2 – 2019
Neither statement 1 nor statement 2 is correct.
Constitutional provisions govern the appointment of the Advocate General and the jurisdiction of High Courts. The Advocate General is a state-level functionary, and High Courts possess various types of jurisdiction.
Statement 1 is incorrect. The Advocate General of a State is appointed by the *Governor* of the concerned State, as per Article 165 of the Constitution of India. The President appoints the Attorney General of India (Article 76).
Statement 2 is incorrect. High Courts in India possess original, appellate, and revisional jurisdiction. However, they do not have general advisory jurisdiction; advisory jurisdiction is primarily vested with the Supreme Court (Article 143). While the Code of Civil Procedure deals with aspects of civil jurisdiction and procedure, it does not confer advisory jurisdiction upon High Courts. Therefore, the statement that High Courts have “advisory jurisdiction at the State level” as provided in the Code of Civil Procedure is incorrect.
Since both statements are incorrect, neither 1 nor 2 is correct.
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