Solicitor General Tushar Mehta.
Expressing confidence in Tushar Mehta, the Government of India has once again appointed him as the new Solicitor General of the country. He has been working on this post continuously since 2018. His new appointment has been made for three years. The post of Solicitor General is considered very important and dignified in the Indian justice system. He is the second highest legal officer of the Government of India.
Come, let us know what is the work of Solicitor General, how is the appointment done, who does it, why is this post important?
Who is the Solicitor General?
Solicitor General is the assistant officer of the Attorney General of India. The Attorney General is the highest legal officer of the country. At present R Venkataramani is the Attorney General of the country. A Solicitor General and several additional Solicitors General are appointed to assist the Attorney General. The Solicitor General acts as the legal advisor to the government. They represent the government in the Supreme Court and High Court.
The Solicitor General is an assistant to the Attorney General of India. Photo: PTI
What are the main functions of the Solicitor General?
The responsibilities of the Solicitor General are very wide.
- Presenting the government’s side in court: The biggest job of the Solicitor General is to appear in the courts on behalf of the government. Whenever there is a case against the Central Government, he defends the government in the Supreme Court.
- Providing legal advice: The government needs legal advice on complex issues. In such a situation, the Solicitor General gives appropriate advice to the President or the Government. They interpret the law so that the government can take the right decisions.
- Advocating Cases: He presents key arguments in important constitutional matters related to the government. Whenever the validity of any bill or law is challenged, they argue in favor of it.
- Assistance to the Attorney General: The Attorney General has a huge workload. The Solicitor General shares his work. They coordinate among themselves and prepare for big matters.
Solicitor General Tushar Mehta. Photo: PTI
What is the appointment process?
The Solicitor General is appointed through a formal process. This appointment is completely based on qualification and experience.
- Appointment Recommendation: The Appointments Committee of the Cabinet of the country appoints the Solicitor General. This committee is chaired by the Prime Minister.
- Ability: For this post the person should be an expert in law. Often only senior lawyers of the Supreme Court or High Court are selected for this post. It is important for them to have a deep understanding of the legal intricacies.
- Oath of office: After being appointed, they take an oath to maintain the dignity of their post. However, this post is not political, but the government selects a suitable person of its choice.
Who appoints?
The Solicitor General is officially appointed by the President of India. But, the President does not take this decision on his own will. For this the Cabinet makes recommendations. The Prime Minister and the Home Minister have a main role in this. After getting the approval of the Cabinet, the President issues the appointment letter.
Tenure and service conditions
The tenure of the Solicitor General is usually three years. If the government wants, it can extend this tenure further also. They remain in their posts as long as the government has confidence in them. If the government changes, these officers often resign so that the new government can appoint a lawyer of its choice.
Why is this post important?
In democracy, governments have to work within the ambit of law. The post of Solicitor General is essential for many reasons.
- Defense of Justice: The government is also bound by rules. The Solicitor General ensures that the government presents its case in the court in a correct and legal manner.
- Security of the Constitution: When there is a dispute over any law, the Solicitor General protects the constitutional provisions. They say that no step of the government is against the Constitution.
- Government’s defence: Thousands of lawsuits are filed against the government on a daily basis. Effective management of these cases requires a strong legal team. The Solicitor General leads this team.
- Complex Policy Decisions: Many times the government brings major economic or social changes. The guidance of the Solicitor General is useful to ensure that there are no legal hurdles during these changes.
What are the terms of reference of the Solicitor General?
The Solicitor General has some powers and also some limitations. They cannot defend any accused in any criminal case without permission. They cannot give any advice against the Government of India. They have to give top priority to the interests of the government.
Under what rules are both appointed?
The Attorney General and Solicitor General represent the Government of India in the High Courts and the Supreme Court. But legally the status of both is different. The post of Attorney General is a constitutional post. Their appointment is made under Article 76 of the Indian Constitution. According to this, the President of India will appoint such a person as the Attorney General of India, who is qualified to be appointed as a judge of the Supreme Court. He is the highest legal officer of the country. The post of Solicitor General is not constitutional, but it is a statutory post. There is no specific article in the Constitution for the appointment of Solicitor General. They are appointed under the Law Officers (Conditions of Service) Rules, 1987.
In simple words and in brief, the Solicitor General of India works as a bridge between law and power. He is both the government’s lawyer and the guardian of the law. The justice system rests on the impartiality and competence of this post. They are the legal protectors of the government who ensure that the country’s largest panchayat, i.e. the government, presents its case strongly in the courts.
Also read: Gold becomes ₹ 15,000 cheaper… Why do gold prices increase during war?
