The Solicitor General of India (SGI) is the second-highest-ranking law officer in the Indian legal system, subordinate only to the Attorney General of India
. The SGI assists the Attorney General and is supported by Additional Solicitors General. This position is not a constitutional post but a statutory one, governed by the Law Officers (Conditions of Service) Rules, 1987
Role and Duties
- Advises the Government of India on legal matters referred to them.
- Represents the Government of India in the Supreme Court, High Courts, and other judicial forums in cases where the government is a party or has an interest.
- Represents the government in references made by the President to the Supreme Court under Article 143 of the Constitution.
- Performs other legal functions assigned by the government or under the Constitution and laws in force
Appointment and Tenure
- The Solicitor General is appointed by the Appointments Committee of the Cabinet (ACC).
- The term length is typically three years but can be extended at the discretion of the ACC
- The incumbent as of now is Tushar Mehta, appointed since October 2018
Restrictions and Privileges
- The SGI cannot hold briefs for any party other than the government or government-controlled entities.
- Cannot advise or appear against the government or public sector undertakings.
- Requires government permission to defend accused persons in criminal cases or accept other appointments
Importance
The Solicitor General plays a crucial role in representing and advising the government on complex legal issues, assisting in the administration of justice, and ensuring the government’s legal compliance
. In summary, the Solicitor General of India is a key legal advisor and representative for the government, second only to the Attorney General, with significant responsibilities in the country’s legal system