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Q109 (IAS/2009) Polity & Governance › Judiciary › High Court jurisdiction Answer Verified

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 ?

Result
Your answer: —  Â·  Correct: D
Explanation

Statement 1 is incorrect: the Advocate‑General of a State is appointed by the Governor (not the President) and holds office during the pleasure of the Governor [1]. Statement 2 is also incorrect as framed: High Courts do exercise original and appellate jurisdiction and possess supervisory/writ powers within the state (Articles such as 226/227 are the constitutional basis for these roles) [2]. However, advisory jurisdiction is principally a feature of the Supreme Court (Article 143) and is not a function conferred on High Courts by the Civil Procedure Code; the CPC does not create a distinct advisory jurisdiction for High Courts. Therefore neither statement is correct.

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > 4. The Advocate-General > p. 278
  2. [2] https://www.dakshindia.org/indian-courts/
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