Solicitor General of India

Solicitor General:

• The Solicitor General of India is subordinate to the Attorney General for India.
• They are the second law officer of the country, assists the Attorney General, and is assisted by Additional Solicitors General for India
• Only the office of the AG is created by the Constitution. In other words.
  • Article 76 does not mention about the solicitor general and additional solicitor general.
• Solicitor General also advises the government in legal matters.
• Solicitor general is appointed for period of three years by Appointment Committee of Cabinet chaired by Prime Minister.

Duties:

• To give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time, be referred or assigned to him by the Government of India.
• To appear, whenever required, in the Supreme Court or in any High Court on behalf of the Government of India in cases (including suits, writ petitions, appeal and other proceedings) in which the Government of India is concerned as a party or is otherwise interested.
• To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.

Restrictions:

• As law officers represent the Government of India, there are certain restrictions which are put on their private practice. He/she is not allowed to:
  • Hold briefs in any court for any party except the Government of India or the government of a State or any University, Government School or College, local authority, Public Service Commission, Port Trust, Port Commissioners, Government aided or Government managed hospitals, a Government company, any Corporation owned or controlled by the State, anybody or institution in which the Government has a preponderating interest;
  • Advice any party against the Government of India or a Public Sector Undertaking, or in cases in which he is likely to be called upon to advise, or appear for, the Government of India or a Public Sector Undertaking;
  • Defend an accused person in a criminal prosecution, without the permission of the Government of India
  • Accept appointment to any office in any company or corporation without the permission of the Government of India
  • Advise any Ministry or Department of Government of India or any statutory organisation or any Public Sector Undertaking unless the proposal or a reference in this regard is received through the Ministry of Law and Justice, Department of Legal Affairs

PRELIMS QUESTION

Which of the following statements is/are correct regarding Solicitor General of India?

1. Office of Solicitor General of India is created by Constitution.

2. Solicitor General of India is not allowed to defend an accused person in a criminal prosecution, without the permission of the Government of India

Select the correct answer using the codes given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer