UPSC Prelims 2009 Q82: Indian Polity – Judiciary
Consider the following statements :
1. 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.
2. As provided in Civil Procedure Code, High Courts have original, appellate and advisory
jurisdiction at the State level.
Which of the statements given above is/are correct ?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (d) Neither 1 nor 2
Explanation
Checking two legal-institutional claims
These statements examine the Advocate General's appointment and High Courts' jurisdiction, often misstated.
| Statement | Verdict | Reason |
|---|---|---|
| 1. Advocate General appointed by the President on the Governor's recommendation | Incorrect | The Advocate General of a State is actually appointed directly by the Governor, not by the President upon the Governor's recommendation |
| 2. High Courts' original/appellate/advisory jurisdiction provided by the Civil Procedure Code | Incorrect | High Courts' jurisdiction derives from the Constitution itself (and relevant statutes), not specifically the Civil Procedure Code as the stated source |
Correcting both claims:
| Point | Correct detail |
|---|---|
| Advocate General's appointment | Directly by the Governor (Article 165), not the President |
| High Court jurisdiction basis | Constitutional provisions, not specifically the CPC |
Answer: (d) Neither 1 nor 2.
Why each option is right or wrong
- (a) Incorrect. The Advocate General is appointed directly by the Governor, not the President, so statement 1 is false.
- (b) Incorrect. High Court jurisdiction stems from the Constitution, not specifically the Civil Procedure Code, so statement 2 is false.
- (c) Incorrect. Both statements contain inaccuracies, so 'both' cannot be correct.
- (d) CORRECT. Both the appointment authority and the jurisdiction-source claims are inaccurate.
Key point
The Advocate General of a State is appointed DIRECTLY BY THE GOVERNOR (Article 165), not by the President — and High Courts' jurisdiction stems from the CONSTITUTION, not specifically the Civil Procedure Code.
Remember
Advocate General: appointed by the Governor directly (Article 165) — not the President. High Court jurisdiction: constitutional, not from the Civil Procedure Code.
Common mistakes
- Confusing the Advocate General's appointment with the President's role in appointing judges.
- Misattributing High Court jurisdiction to a specific procedural code rather than the Constitution itself.
- Not knowing the specific Article 165 basis for the Advocate General's appointment.
Exam tip
Advocate General = appointed directly by the Governor (Article 165), not the President. High Court jurisdiction = constitutional, not CPC-based.
Sources
- Constitution of India — Article 165 (Advocate-General for the State)
- M. Laxmikanth — Indian Polity (Governor)