Solicitor General of India

Solicitor General is the second-highest-ranking Law Officer in India after Attorney General. Unlike Attorney General which is a constitutional post under Article 76, Solicitor General is a statutory post under the Law Officers (Conditions of Service) Act, 1968. The Solicitor General is appointed by the President on recommendation of the Appointment Committee of the Cabinet. The tenure of Solicitor General is 3 years under The Law Officers (Conditions of Service) Rules, 1987. They are eligible for reappointment. The Solicitor General is responsible for assisting the Attorney General in legal matters, providing legal advice to the government, appearing in Court on behalf of the government etc. The Solicitor General also faces some restrictions such as not being allowed to take part in any court for any party except the Government, not advising any party against the Government of India etc. As the second-highest-ranking law officer, the Solicitor General plays a crucial role in representing the interests of the Government of India before the courts, providing legal advice, and ensuring the effective administration of justice

The history of the Solicitor General in India is closely intertwined with the evolution of the legal system in the country under British colonial rule and its subsequent development after independence. In the colonial times, the office of the Solicitor General existed to represent the interests of the British Crown in legal matters. The Solicitor General was appointed by the Governor-General or Viceroy. Post Independence, the Attorney General and Solicitor General became important law officers in India tasked with representing the Government of India in legal matters before the Supreme Court of India.

The Solicitor General of India is the second-highest-ranking law officer in the legal system of India subordinate to the Attorney General of India. Unlike the Attorney General, it is a statutory post under the Law Officers (Conditions of Service) Act, 1968. The Act outlines general provisions regarding the appointment, tenure, and privileges of law officers, including the Solicitor General. The Solicitor General works closely with the Attorney General of India and other law officers to ensure the effective functioning of the legal system and the administration of justice. Tushar Mehta is the Solicitor General of India currently.

• Appointment : The Solicitor General of India is appointed by the President of India based on the recommendation of the Appointment Committee of the Cabinet, chaired by the Prime Minister of India.
• Eligibility Qualifications : The eligibility criteria for the position of Solicitor General of India are not explicitly mentioned in the Constitution or any specific law. But a Solicitor General is generally a senior advocate or lawyer with extensive experience in legal practice.
• Tenure : The Officer has three years of term of office from the date of appointment (as per the Law Officers (Conditions of services) rule, 1987). The officer after completing his tenure is eligible for the reappointment to the Office.
• Headquarters of Solicitor General of India : According to the Law Officers (Conditions of services) rules, 1987, the Headquarter of Office of the Solicitor General is located at New Delhi.
• Removal : Solicitor General can be removed by the President of India on the advice of the government, for reasons such as misconduct, incompetence, or failure to perform their duties effectively. The Solicitor General may also be replaced if there is a change in government that is after general elections. The new government may choose to appoint a new Solicitor General who aligns with its policies and priorities.
• Resignation: The Solicitor General may resign from their position voluntarily by submitting a resignation letter to the President of India.
• Assistance : The assistance to the Solicitor General of India is provided by the Additional Solicitor Generals.
  • The Additional Solicitor General (ASG) is a law officer appointed by the government to assist the Solicitor General in representing the government's interests in legal matters.
  • They are also appointed by the President of India.
• 1st Solicitor General of India : The first Solicitor General of India was C.K. Daphtary. He was appointed to the position in 1950, the same year that the Constitution of India came into effect. He served as the Advocate General of Bombay before being appointed as the first Solicitor General of India. He served the office for 13 years till 1963.
• Current Solicitor General of India : Tushar Mehta is the current Soliciter General of India appointed in 2018. He is also the 2nd longest serving Soliciter General of India after C.K. Daphtary.

The Law Officers (Conditions of services) rules, 1987 laid out the duties of Solicitor General -

• Providing legal advice : Solicitor General has the duty to advice the Government of India upon legal matters and needs to perform such duties as assigned by the Government of India from time to time.
• Appearing in Court : He/she has to appear in the Supreme Court or in any High court on behalf of the Government of India whenever required.
• Assisting the Attorney General : The Solicitor General works closely with the Attorney General of India and assists them in their duties.
• Representing the Government : The Solicitor General has the responsibility to represent the government in the Supreme court in any reference made by the President under Article 143.
• Legal Coordination: The Solicitor General coordinates with other law officers, government departments, and legal experts to ensure consistency and coherence in the government's legal approach.

• Advisory Nature : The legal advice provided by Solicitor General to the Government of India is only advisory in nature and is not binding on the Government.
• Lack of independent decision-making : Unlike judges or other judicial officers, the Solicitor General does not have independent decision-making authority. They act on behalf of the government and are bound by the government's instructions and policies.
• Political pressure : The Solicitor General may face political pressures or interference in the performance of their duties, especially in politically sensitive cases. They represent the interests of Government which may sometimes conflict the principles of fairness.
• Restriction of private practice :
  • The Solicitor General is prohibited from engaging in advocacy or representing clients in court while holding the office.
  • The Solicitor General of India is not allowed to take part in any court for any party except the Government of India, Government of states, Public Service Commission, Port Trust, Port Commissioners, Government hospitals, Government schools and Universities or any Government company.
  • He/She cannot advice any party against the Government of India or a Public Sector Undertaking (PSU).
  • He/She cannot accept the appointment in any Office without the permission of Government of India.
  • He/She is not allowed to join any Ministry or Department under Government of India or any PSU or statutory body unless the reference in this regard is received through the Department of Legal Affairs, Ministry of Law and Justice.

As the second-highest-ranking law officer, the Solicitor General plays a crucial role in assisting the Attorney General, the highest law officer of India. Their responsibilities encompass a wide array of legal matters, ranging from constitutional issues to complex litigation involving government agencies. With their expertise, advocacy skills, and deep understanding of the legal landscape, Solicitors General contribute significantly to the resolution of legal disputes and the protection of governmental interests.