Consider the following statements : 1. The Advocate General of a State in India is appointed by the President ot 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 ?

1. The State Executive: Overview and Constitutional Framework (basic)

To understand the functioning of any state, we must first look at its Executive—the arm of government responsible for implementing laws and carrying out administration. Just as the Union government has a parliamentary structure, the Constitution of India envisages a similar pattern for the states. This framework is laid out in Part VI of the Constitution, specifically within Articles 153 to 167 Indian Polity, M. Laxmikanth(7th ed.), Governor, p.313.

The State Executive is composed of four key entities: the Governor, the Chief Minister, the Council of Ministers, and the Advocate General of the State. It is important to note a distinct difference from the Union level: while the Union Executive includes the Vice-President, there is no office of Vice-Governor at the state level. The Governor serves as the chief executive head but operates as a nominal (titular) head, similar to the President of India, while the real executive power rests with the Chief Minister and the Council of Ministers.

Two specific roles within this framework often appear in exams due to their unique constitutional nature:

• The Governor: Appointed by the President, the Governor has a dual role—they are the constitutional head of the state and also act as an agent of the Central Government. While usually there is one Governor per state, the 7th Constitutional Amendment Act of 1956 allows one person to serve as Governor for two or more states Indian Polity, M. Laxmikanth(7th ed.), Governor, p.313.
• The Advocate General: Under Article 165, this is the highest law officer in the state. Unlike the Attorney General of India (who is appointed by the President), the Advocate General is appointed by the Governor and holds office during the pleasure of the Governor Indian Polity, M. Laxmikanth(7th ed.), Advocate General of the State, p.453.

Feature	Union Executive	State Executive
Constitutional Head	President	Governor
Second-in-command	Vice-President	None (No Vice-Governor)
Law Officer	Attorney General (Art. 76)	Advocate General (Art. 165)

Sources: Indian Polity, M. Laxmikanth(7th ed.), Governor, p.313; Indian Polity, M. Laxmikanth(7th ed.), Advocate General of the State, p.453; Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), FEDERALISM, p.166

2. Establishment and Composition of High Courts (basic)

At the summit of a State's judicial administration stands the High Court. According to Article 214, the general rule is that there shall be a High Court for each State. However, our Constitution is flexible; under Article 231, Parliament has the authority to establish a common High Court for two or more States or for two or more States and a Union Territory (such as the common High Court for Punjab and Haryana) Introduction to the Constitution of India, D. D. Basu (26th ed.), THE HIGH COURT, p.359. Generally, the territorial jurisdiction of a High Court is co-terminous with the boundaries of that State, unless Parliament extends it to include a Union Territory Introduction to the Constitution of India, D. D. Basu (26th ed.), THE HIGH COURT, p.363.

Regarding its composition, every High Court consists of a Chief Justice and such other judges as the President may from time to time deem necessary to appoint. This is a critical point: unlike the Supreme Court, where Parliament determines the number of judges, the strength of a High Court is flexible and decided by the President based on the court's workload Introduction to the Constitution of India, D. D. Basu (26th ed.), THE HIGH COURT, p.359.

To be appointed as a High Court judge, a person must be a citizen of India and meet one of two primary qualifications: they must have held a judicial office in India for ten years, or they must have been an advocate of a High Court (or multiple High Courts in succession) for ten years. Interestingly, the Constitution does not prescribe a minimum age for appointment, nor does it allow for the appointment of a "distinguished jurist" to a High Court—a provision that exists only for the Supreme Court Indian Polity, M. Laxmikanth (7th ed.), High Court, p.354.

Feature	High Court Judge	Supreme Court Judge
Advocacy Experience	10 Years	10 Years
Judicial Office Experience	10 Years	5 Years (as HC Judge)
Distinguished Jurist Category	Not Available	Available

Sources: Introduction to the Constitution of India, D. D. Basu (26th ed.), THE HIGH COURT, p.359; Introduction to the Constitution of India, D. D. Basu (26th ed.), THE HIGH COURT, p.363; Indian Polity, M. Laxmikanth (7th ed.), High Court, p.354

3. Advocate General of the State (Article 165) (intermediate)

Every state in India has a top legal officer known as the Advocate General, a role established under Article 165 of the Constitution. Think of this position as the state-level counterpart to the Attorney-General of India. Their primary duty is to act as the 'first law officer' of the state government, providing expert legal advice and representing the state in various courts, most notably the High Court Indian Polity, M. Laxmikanth(7th ed.), Advocate General of the State, p.452. Unlike many other constitutional posts, the Advocate General is appointed by the Governor, not the President. To be eligible, a person must meet the qualifications required to be a High Court judge—meaning they must be an Indian citizen and have either held a judicial office for ten years or practiced as an advocate in a High Court for a decade Introduction to the Constitution of India, D. D. Basu (26th ed.), The State Executive, p.278.

One of the most unique aspects of this office is its tenure. The Constitution does not fix a set term (like 5 or 6 years) for the Advocate General, nor does it list specific grounds for their removal. Instead, they hold office during the pleasure of the Governor. In practical political terms, this means they usually resign when the state ministry (Council of Ministers) resigns, as they are appointed on the ministry's advice. Their remuneration is also not fixed by the Constitution but is determined by the Governor Indian Polity, M. Laxmikanth(7th ed.), Advocate General of the State, p.452.

Beyond the courtroom, the Advocate General plays a vital role in the state's democratic machinery. Under Article 177, they have the right to speak and participate in the proceedings of both houses of the State Legislature (and any committee they are named a member of). However, there is a critical limitation: they have no right to vote in these proceedings. While performing these duties, they enjoy all the legal privileges and immunities that are available to a Member of the Legislative Assembly (MLA) under Article 194 Indian Polity, M. Laxmikanth(7th ed.), Advocate General of the State, p.453.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Advocate General of the State, p.452-453; Introduction to the Constitution of India, D. D. Basu (26th ed.), The State Executive, p.278

4. Comparative Analysis: Attorney General vs. Advocate General (intermediate)

To understand the legal machinery of India, we must look at the two highest law officers: the Attorney General (AG) at the Union level and the Advocate General (AdvG) at the State level. Think of them as the "First Law Officers" who act as the chief legal advisors to their respective governments. While their roles are mirror images of each other, they operate in different spheres of our federal structure.

The Advocate General is a constitutional post created under Article 165. Much like how the President appoints the AG, the Governor appoints the Advocate General of the State Introduction to the Constitution of India, D. D. Basu, The State Executive, p.278. To be eligible, a person must be qualified to be appointed as a Judge of a High Court. Interestingly, the Constitution does not fix a set term for this office; the Advocate General holds office during the pleasure of the Governor, meaning they can be removed at any time without a specific constitutional process Indian Polity, M. Laxmikanth, Advocate General of the State, p.452.

One of the most unique features of these offices is their relationship with the legislature. Both the AG and the AdvG have the right to speak and participate in the proceedings of the Houses (Parliament for AG, State Legislature for AdvG), including committees they may be named in. However, they carry one significant limitation: they do not have the right to vote. In the context of the High Court, the Advocate General is the primary bridge between the judiciary and the state executive, representing the state's interests in complex litigations and advisory matters.

Feature	Attorney General of India	Advocate General of the State
Constitutional Article	Article 76	Article 165
Appointed By	President of India	Governor of the State
Qualifications	Qualified to be a Supreme Court Judge	Qualified to be a High Court Judge
Tenure	Pleasure of the President	Pleasure of the Governor

Sources: Introduction to the Constitution of India, D. D. Basu, The State Executive, p.278; Indian Polity, M. Laxmikanth, Advocate General of the State, p.452; Introduction to the Constitution of India, D. D. Basu, The State Executive, p.269

5. High Court Jurisdiction: Original and Appellate (intermediate)

High Courts serve as the pinnacle of the judicial hierarchy within a State. To understand their functioning, we must distinguish between their Original and Appellate jurisdictions. While the former allows a court to hear a case for the first time (as a court of first instance), the latter involves reviewing and revising the decisions of lower courts. These powers are derived from a blend of the Constitution, historical Letters Patent, and modern statutes like the Civil and Criminal Procedure Codes Indian Polity, High Court, p.357.

Original Jurisdiction is the power to hear a case at its inception. Today, this is limited to specific areas such as matters of Admiralty, Probate (wills), Matrimonial (marriage/divorce), and Contempt of Court. A crucial point for your preparation is that since 1966, Election Petitions challenging the election of members of Parliament or State Legislatures are triable by High Courts alone in the first instance Indian Polity, Elections, p.573. Historically, the Presidency High Courts (Bombay, Calcutta, and Madras) held original criminal jurisdiction, but this was completely abolished by the Criminal Procedure Code of 1973; they now only retain original civil jurisdiction for cases involving high financial stakes Introduction to the Constitution of India, THE HIGH COURT, p.364.

However, the High Court is primarily a Court of Appeal Indian Polity, High Court, p.358. Its Appellate Jurisdiction extends to both civil and criminal matters within its territorial borders. In civil cases, it hears "first appeals" (on facts and law) and "second appeals" (only on substantial questions of law). On the criminal side, it hears appeals against sentences of imprisonment exceeding seven years awarded by a Sessions Judge. A unique safeguard in Indian law is that any death sentence passed by a lower court must be confirmed by the High Court, regardless of whether the convict files an appeal or not.

Feature	Original Jurisdiction	Appellate Jurisdiction
Definition	Court hears the case for the first time.	Court reviews a decision of a lower court.
Key Examples	Election petitions, Contempt of Court, Wills/Marriage.	Civil second appeals, Criminal sentences > 7 years.
Status	Limited to specific statutes and matters.	Primary role of the High Court.

Sources: Indian Polity, High Court, p.357; Indian Polity, High Court, p.358; Indian Polity, Elections, p.573; Introduction to the Constitution of India, THE HIGH COURT, p.364

6. Writ and Supervisory Jurisdiction (Article 226 & 227) (exam-level)

At the heart of a High Court’s authority are two pillars that ensure justice and the rule of law within a State: Writ Jurisdiction (Article 226) and Supervisory Jurisdiction (Article 227). While they might seem similar, they serve distinct purposes in our constitutional machinery. Article 226 empowers High Courts to issue directions and writs (like Habeas Corpus or Mandamus) for the enforcement of Fundamental Rights and for 'any other purpose'. This phrase 'any other purpose' is crucial—it means the High Court's writ jurisdiction is actually wider than that of the Supreme Court, as the latter can only issue writs to protect Fundamental Rights under Article 32 Indian Polity, M. Laxmikanth(7th ed.), Fundamental Rights, p.99. However, there is a catch: while approaching the Supreme Court under Article 32 is itself a Fundamental Right, seeking a remedy under Article 226 is discretionary. The High Court may refuse to exercise this power if an adequate alternative legal remedy exists Introduction to the Constitution of India, D. D. Basu (26th ed.), THE SUPREME COURT, p.348. Historically, this power was limited to the presidency towns of Calcutta, Bombay, and Madras, but the Constitution extended it to every High Court in India Indian Polity, M. Laxmikanth(7th ed.), Fundamental Rights, p.98. Moving to Article 227, we find the Power of Superintendence. This is a very broad power that allows the High Court to keep a watchful eye over all courts and tribunals within its territorial jurisdiction Introduction to the Constitution of India, D. D. Basu (26th ed.), THE HIGH COURT, p.365. It is not just an administrative power (like shifting cases or checking registers) but also a judicial one; the High Court can step in if a lower court exceeds its authority or fails to perform its duty. The only major exception here is military courts or tribunals, which are outside the High Court's supervisory reach under this Article Indian Polity, M. Laxmikanth(7th ed.), Basic Structure of the Constitution, p.128.

Feature	Article 226 (Writ)	Article 227 (Supervisory)
Primary Focus	Enforcement of rights (Remedial).	Administrative and judicial oversight.
Scope	Covers Fundamental Rights and legal rights.	All courts and tribunals (except military).
Nature	Can be invoked by a petition from an aggrieved person.	Can be exercised suo motu (on its own motion).

Sources: Indian Polity, M. Laxmikanth(7th ed.), Fundamental Rights, p.98-99; Introduction to the Constitution of India, D. D. Basu (26th ed.), THE SUPREME COURT, p.348; Introduction to the Constitution of India, D. D. Basu (26th ed.), THE HIGH COURT, p.365; Indian Polity, M. Laxmikanth(7th ed.), Basic Structure of the Constitution, p.128

7. Advisory Jurisdiction and the Role of the Civil Procedure Code (exam-level)

To master the jurisdiction of Indian courts, we must distinguish between adversarial jurisdiction (where the court decides a dispute between two parties) and advisory jurisdiction (where the court provides a legal opinion to the executive). In the Indian context, Advisory Jurisdiction is a unique feature of the Supreme Court under Article 143. It allows the President to seek the Court's opinion on questions of law or fact of public importance, or on disputes arising out of pre-constitutional treaties Indian Polity, M. Laxmikanth, p.292.

A common point of confusion for students is whether High Courts possess a similar power. The Constitution does not confer advisory jurisdiction upon High Courts. While a High Court is the highest judicial body in a State and possesses original, appellate, writ, and supervisory jurisdictions, it does not have the constitutional authority to tender advice to the Governor in the same way the Supreme Court advises the President Indian Polity, M. Laxmikanth, p.357. Although High Courts have a consultative role in certain administrative matters (like the appointment of district judges), this is distinct from the formal 'Advisory Jurisdiction' defined in Article 143 Introduction to the Constitution of India, D. D. Basu, p.337.

Regarding the Civil Procedure Code (CPC), it is vital to understand that the CPC is a procedural law that governs how civil suits are conducted; it is not the source of a High Court's jurisdiction. While Section 113 of the CPC allows a subordinate court to 'refer' a case to the High Court for an opinion on a question of law (known as a Reference), this is a judicial process involving a live case. It does not create a general 'advisory jurisdiction' for the High Court to offer opinions to the State Government or the Governor outside of litigation.

Feature	Supreme Court	High Court
Advisory Jurisdiction	Yes (Article 143)	No
Who can seek advice?	The President of India	Not applicable
Role of CPC	Not the source of this power	Provides for 'Reference' from lower courts (Sec 113), but not advisory jurisdiction

Sources: Indian Polity, M. Laxmikanth, Supreme Court, p.292; Introduction to the Constitution of India, D. D. Basu, Organisation of the Judiciary in General, p.337; Indian Polity, M. Laxmikanth, High Court, p.357

8. Solving the Original PYQ (exam-level)

This question masterfully tests your ability to integrate your knowledge of the State Executive and the Judiciary. You have just studied that the Advocate General is the highest legal officer in a state, serving as the counterpart to the Attorney General at the Union level. Statement 1 tries to confuse you by mixing these roles; while the President appoints the Attorney General, the Governor appoints the Advocate General under Article 165. A key takeaway for UPSC is that for state-level constitutional posts, the appointing authority is almost always the Governor, not the President upon the Governor's recommendation.

Turning to Statement 2, we look at the functional nature of the High Courts. While it is true that High Courts exercise original and appellate jurisdiction, the inclusion of advisory jurisdiction is a definitive trap. Under the Indian Constitution, specifically Article 143, advisory jurisdiction is an exclusive power of the Supreme Court. Furthermore, the statement incorrectly attributes the source of these jurisdictions to the Civil Procedure Code (CPC), whereas the core jurisdictional powers of High Courts are derived primarily from the Constitution (Articles 225, 226, and 227). As noted in Introduction to the Constitution of India, D. D. Basu, the CPC regulates the process of civil litigation but does not confer advisory powers upon the court.

Therefore, the correct answer is (D) Neither 1 nor 2. This question highlights a common UPSC strategy: the 'Half-Truth Trap'. Statement 2 sounds plausible because High Courts do handle many civil cases, but the inclusion of a single incorrect term—'advisory'—renders the entire statement false. Options (A), (B), and (C) are incorrect because they fail to catch these subtle but vital constitutional distinctions. Always look for that one word or authority figure that doesn't belong in the legal framework you've learned.