Solicitor General of India (UPSC Notes)

Solicitor General of India: The Solicitor General of India is the second law officer in the country, after the Attorney General of India who is the highest law officer in India. The Attorney General of India is the superior of the Solicitor General of India (SGI). In accordance with the Law Officers (Conditions of Service) Rules, 1972, the SGI and the Addl. SGIs provide advice to the Government and represent the Union of India. The positions of Solicitor General and Additional Solicitors General are purely statutory, in contrast to the Attorney General for India, which is a constitutional post as defined by Article 76 of the Indian Constitution.

In this article, you will read about the Solicitor General of India, the appointment of Solicitor General, tenure, functions, limitations, and list of Solicitor General of India.

Solicitor General of India 2023

Mr. Tushar Mehta is the current solicitor general of India. As the Solicitor General of India at the moment, Tushar Mehta is a senior counsel in India. Mehta studied at Gujarat University, where he won five gold medals in addition to his legal degree. Additionally, Karnataka State Law University and Amity University in Noida have awarded him honorary doctorates. The Attorney General of India is in responsibility of the Solicitor General, who serves as the nation’s secondary legal officer. Several solicitor generals in India support the Solicitor General.

Read more: Attorney General of India

1^st Solicitor General of India

From 1950 until 1963, Indian lawyer Chander Kishan Daphtary served as the country’s first Solicitor General. He was born on April 1, 1893, and passed away on February 18, 1983.

Appointment of Solicitor General of India

The Prime Minister-chaired Appointment Committee of the Cabinet (ACC) recommends the appointment and the President officially appoints the Solicitor General. The proposal for the appointment of the Solicitor General is typically moved to the level of Joint Secretary/Law Secretary in the Department of Legal Affairs. Once the Minister of Law and Justice has given his/her approval, the proposal then moves to the ACC and then to the President.

Tenure of Solicitor General of India

Generally, the Solicitor General is appointed for a term of 3 Years, but he holds office during the pleasure of the President, which means he can be removed anytime by the President on the advice of the Prime Minister and Union Cabinet. He may also quit his office by submitting his resignation to the President. He/she is eligible for reappointment after ceasing to hold office.

Solicitor General of India List

The following is a list of India’s Solicitor Generals since independence:

Solicitor General	Term Duration	Term Length	Prime Minister
1. Chander Kishan Daphtary	28 January 1950 – 1 March 1963	13 years, 32 days	Jawaharlal Nehru
2. H.N. Sanyal	2 March 1963 – 9 September 1964	1 year, 191 days	Jawaharlal Nehru Lal Bahadur Shastri
3. S. V. Gupta	10 September 1964 – 16 September 1967	3 years, 6 days	Lal Bahadur Shastri Indira Gandhi
4. Niren De	30 September 1967 – 30 October 1968	1 year, 30 days	Indira Gandhi
5. Jagdish Swarup	5 June 1969 – 4 June 1972	2 years, 365 days	Indira Gandhi
6. Lal Narayan Sinha	17 July 1972 – 5 April 1977	4 years, 262 days	Indira Gandhi
7. S. N. Kacker	5 April 1977 – 2 August 1979	2 years, 119 days	Morarji Desai
8. Soli Jehangir Sorabji	9 August 1979 – 25 January 1980	169 days	Charan Singh
9. Keshava Parasaran	6 March 1980 – 8 August 1983	3 years, 155 days	Indira Gandhi
10. Milon Kumar Banerji	4 April 1986 – 3 April 1989	2 years, 364 days	Rajiv Gandhi
11. Ashok Desai	18 December 1989 – 2 December 1990	349 days	V. P. Singh
12. A. D. Giri	4 December 1990 – 1 December 1991	362 days	Chandra Shekhar
13. Dipankar P. Gupta	9 April 1992 – 10 April 1997	5 years, 1 day	P. V. Narsimha Rao H. D. Deve Gowda
14. Tehmtan R. Andhyarujina	11 April 1997 – 4 April 1998	358 days	Inder Kumar Gujral
15. Nitte Santhosh Hegde	10 April 1998 – 7 January 1999	272 days	Atal Bihari Vajpayee
16. Harish Salve	1 November 1999 – 3 November 2002	3 years, 2 days	Atal Bihari Vajpayee
17. Kirit Raval	4 November 2002 – 19 April 2004	1 year, 167 days	Atal Bihari Vajpayee
18. Goolam Essaji Vahanvati	20 June 2004 – 7 June 2009	4 years, 352 days	Manmohan Singh
19. Gopal Subramaniam	15 June 2009 – 14 July 2011	2 years, 29 days	Manmohan Singh
20. Rohintan Fali Nariman	23 July 2011 – 4 February 2013	1 year, 196 days	Manmohan Singh
21. Mohan Parasaran	15 February 2013 – 26 May 2014	1 year, 100 days	Manmohan Singh
22. Ranjit Kumar	7 June 2014 – 20 October 2017	3 years, 135 days	Narendra Modi
23. Tushar Mehta	10 October 2018 – Incumbent	5 years, 27 days	Narendra Modi

Functions of Solicitor General of India

Law officers (Conditions of Service) Rules, 1987 set down the responsibilities of the Indian Solicitor General:

• To perform any legal tasks or advice on any legal matters that the Government of India may from time to time delegate or assign to him.
• To represent the Indian Government in any case brought before the Supreme Court by the President in accordance with Article 143 of the Constitution.
• To appear on behalf of the Government of India in cases (including suits, writ petitions, appeals, and other processes) in which the Government is involved as a party, before the Supreme Court, or in any High Court.
• To carry out any additional responsibilities placed on a law enforcement officer by the Constitution or any other current law.

Limitations of Solicitor General of India

The following are the limitations of the Solicitor General of India:

• Without the Indian Government’s consent, the Solicitor General can not defend an accused individual in criminal prosecution.
• He can not hold briefs for any party in any court, except the Government of India, the Government of a State, or any body or institution in which the Government has a preponderant interest. 
• The Solicitor General does not have the rights concerning his participation in parliament, unlike the Attorney General.
• He can not counsel any party against the Government of India or a public sector undertaking, in situations where he is likely to be asked to represent or advise the above-mentioned authorities.
• Without the permission of the Government of India, the Solicitor General can not accept appointments to any positions within any business or entity.
• The Solicitor General can not advise any ministry, department, statutory organization, or any public sector undertaking unless the reference is received through the Ministry of Law and Justice, Department of Legal Affairs.

The Solicitor General is an alternate, who fills in for the Attorney General whenever necessary. They are collectively known as the Law Officers of the Crown, and primarily their roles include advising the Government on legal matters and setting up the representation of the Government and various other public entities in court.

Important Facts about Solicitor General of India

1. Role and Hierarchy:
   • The Solicitor General of India is the second-highest legal officer in the country, following the Attorney General of India.
   • Both the Attorney General and the Solicitor General provide legal advice to the government and represent the Union of India in legal matters.
2. Appointment Process:
   • The Appointment Committee of the Cabinet (ACC), chaired by the Prime Minister, recommends the appointment of the Solicitor General.
   • The President of India officially appoints the Solicitor General.
3. Tenure and Removal:
   • The typical tenure of the Solicitor General is three years, but the position is held at the pleasure of the President.
   • The President, on the advice of the Prime Minister and Union Cabinet, can remove the Solicitor General. The Solicitor General can also resign by submitting a resignation to the President.
4. Current Solicitor General (2023):
   • Mr. Tushar Mehta is the current Solicitor General of India.
5. Educational Background of Current Solicitor General:
   • Tushar Mehta is a senior counsel in India who studied at Gujarat University, where he earned his legal degree and won five gold medals.
6. List of Solicitor Generals Since Independence:
   • The position of Solicitor General was first held by Chander Kishan Daphtary in 1950.
   • The list includes legal luminaries who have served in this role, contributing to India’s legal landscape.
7. Functions of the Solicitor General:
   • The responsibilities of the Solicitor General are outlined in the Law Officers (Conditions of Service) Rules, 1987.
   • Functions include providing legal advice, representing the government in the Supreme Court, and taking on additional responsibilities assigned by the Constitution or other laws.
8. Limitations of the Solicitor General:
   • The Solicitor General has certain limitations, such as not defending accused individuals in criminal prosecutions without government consent and not counseling any party against the government.
9. Alternate to Attorney General:
   • The Solicitor General serves as an alternate to the Attorney General and collectively, they are known as the Law Officers of the Crown.
10. Parliamentary Participation:
    • Unlike the Attorney General, the Solicitor General does not have rights regarding participation in parliament.

FAQs on Solicitor General of India

1. Who is the Current Solicitor General of India?

Tushar Mehta is India’s current solicitor general. Tushar Mehta’s reappointment as India’s solicitor general has been confirmed by the Appointments Committee of the Cabinet. After the Attorney General, the Solicitor General is the second most senior legal officer.

2. Who is Solicitor General of India Raju?

Raju Ramachandran was an Additional Solicitor General before becoming a senior attorney at the Supreme Court of India. He supported the Supreme Court of India as an amicus curia, or friend of the court, in the cases of the Gujarat riots in 2002 and Ajmal Kasab’s appeal in the 2008 Mumbai attacks.

3. Can Solicitor General sit in Parliament?

Yes, the two government officers who are permitted to attend Indian Parliament proceedings are the Attorney General and the Solicitor General.

4. Is Solicitor General of India Chief Legal Advisor?

The Attorney General of India serves as both the main legal counsel and representative of the Indian government before the Supreme Court of India. In accordance with Article 76(1) of the Constitution, the President of India appoints him, and he serves as such for as long as the President so desires.

5. Is Solicitor General appointed by President?

The President formally appoints the Solicitor General after the Appointment Committee of the Cabinet (ACC), chaired by the Prime Minister, makes the recommendation.