The Solicitor General of India (SGI) is subordinate to the Attorney General for India. The SGI is the second-highest law officer of the country, assists the Attorney General, and is assisted by Additional Solicitors General of India (Addl. SGIs). The SGI and the Addl. SGIs advise the Union of India and appear on its behalf in terms of the Law Officers (Conditions of Service) Rules, 1987.[1]
Unlike the post of Attorney General for India, which is a Constitutional post under Article 76 of the Indian Constitution, the posts of the Solicitor General and the Additional Solicitor General are neither Constitutional nor statutory.[2][3] The conditions of service of Law Officers are defined by The Law Officers (Conditions of Service) Rules, 1987,[4] made under the powers conferred by the proviso to Article 309[5] of the Indian Constitution.
The Appointments Committee of the Cabinet (ACC) recommends the appointment and officially appoints the Solicitor General.[6] The proposal for appointment of Solicitor General, Additional Solicitor General is generally moved at the level of Joint secretary (or Law Secretary) in the Department of Legal Affairs and after obtaining the approval of the Minister of Law & Justice, the proposal goes to the ACC and then to the president.
Currently, the Solicitor General of India is Tushar Mehta.[7]
Duties
The Solicitor General works under the Attorney General of India. The duties of the Solicitor General are laid out in Law Officers (Conditions of Service) Rules, 1987:[8]
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; and
to discharge such other functions as are conferred on a Law Officer by or under the Constitution or any other Law for the time being in force.
Restrictions of private practice
As law officers representing the Government of India, SGIs are bound by certain restrictions concerning private practice. A law officer 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, any body 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; or
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.[8]
Fee and allowances payable
Fee and allowances payable to the law officers (including Attorney General of India, Solicitor General of India and the Additional Solicitors General) of the Government of India are as under:[9]
S.No.
Nomenclature of the item of work
Rates of fees payable for appearance and other work
(1)
Suits, writ petitions, appeals and references under article 143
Rs. 16,000/- per case per day
(2)
Special leave petitions and other applications
Rs. 10,000/- per case per day
(3)
Settling pleadings (including affidavits)
Rs. 5,000/- per pleading
(4)
Settling Statement of Case
Rs. 6,000/- per case
(5)
For giving opinions in statements of cases sent by the Ministry of Law
Rs. 10,000/- per case
(6)
For written submission before the Supreme Court, High Court, and Commissions of Inquiry or Tribunals and the like
Rs. 10,000/- per case
(7)
Appearance in Courts outside Delhi
Rs. 40,000/- per day per case
In addition to the above fee payable for cases, a retainer fee is paid to the Solicitor General and the Addl. Solicitors General at the rate of Rs. 40,000, and Rs. 30,000 per month, respectively.
List of incumbent Law Officers
The list of incumbent Law Officers (i.e. AGI, SGI, Addl. SGIs) as of 10 September 2024 are as follows:[10][11]
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