Indian Polity : High Court & Subordinate Courts

Q 3 / 11

UPSC CSE Prelims 2009

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?

EXPLANATION

The correct option is Neither 1 nor 2

Explanation

The provisions relating to the Advocate General and jurisdiction of High Courts are governed by the Constitution of India, not by the arrangements stated in the statements.

Statement-wise Analysis

  • 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 — Incorrect
    The Advocate General is appointed by the Governor of the State under Article 165. The President has no role in this appointment.
  • As provided in Civil Procedure Code, High Courts have original, appellate and advisory jurisdiction at the State level — Incorrect
    The jurisdiction of High Courts is derived from the Constitution. While they exercise original and appellate jurisdiction, advisory jurisdiction is not vested in High Courts; it is vested in the Supreme Court under Article 143.

Key Takeaway: The Advocate General is appointed by the Governor, and High Courts do not possess advisory jurisdiction; such power lies with the Supreme Court.

SOURCEIndian Polity by M. Laxmikanth, Chapter 32: Advocate General of the State, Chapter 33: High Court