Law Officers in India - Powers, Duties and Responsibilities of Solicitor General and Additional Solicitors General

Solicitor General of India

Introduction

Solicitor General is a very important statutory post in our Country. Among the Law Officers, the Solicitor General is second only to the Attorney General. He acts as a subordinate of the Attorney General and assists him along with the other Additional Solicitors General (ASG).

According to the Advocates Act, 1961 the order to be followed in determining the right of Pre-Audience is as follows[1]:

(1) The Attorney General for India

(2) The Solicitor General of India

(3) The Additional Solicitor General of India

(4) The Second Additional Solicitor General of India

(5) The Advocate-General of a state

(6) The Senior Advocates

Right of Pre-Audience is the right to be heard before another advocate is heard. It gives an idea about the precedence at the bar among the advocates.

The Duties and Powers of the Solicitor General and ASGs are regulated by the Law Officers (Conditions of Service) Rules, 1987. These rules are made under the proviso to Article 309 read with Article 76 of the Constitution.

Term of Office

A Solicitor General or an Additional Solicitor General holds office for a term of three years and on the expiration of his term of office, he is eligible for re-appointment to that office for a further term not exceeding three years.

Duties and Responsibilities

(a) 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.

(b) 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.

(c) To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.

(d) 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 on Practice

(a) A Solicitor General or an ASG shall not hold briefs in any court for any party except

1. The Government of India

2. The State Government

3. Any University, Government School or College

4. Local Authorities

5. Public Service Commissions,

6. Port Trust and Port Commissioners

7. Government aided or Government managed hospitals

8. A Government company under Section 617 of the Companies Act

9. Any Corporation owned or controlled by the State

10. Any Body or Institution in which the Government has a preponderating interest

(b) A Solicitor General or an ASG shall not 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.

(c) A Solicitor General or an ASG shall not defend an accused person in a criminal prosecution, without the permission of the Government of India.

(d) A Solicitor General or an ASG shall not accept appointment to any office in any company or corporation without the permission of the Government of India.

(e) A Solicitor General or an ASG shall not advise any Ministry or Department of Government of India or any statutory organization 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.

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[1] Section 23 of the Advocates Act, 1961.