The second-highest legal officer in India holds a surprisingly non-constitutional role

Countries & Cities · Published 12 October 2026 Swipe more like this →

In short: While the Attorney General occupies a constitutional post, the Solicitor General of India operates under a different set of rules. This high-ranking official serves as a vital legal pillar for the Union, navigating a complex web of restrictions on private practice and specific appointment protocols.

The Solicitor General of India (SGI) serves as the nation's second-highest law officer, positioned directly below the Attorney General. Unlike the Attorney General, whose position is established under Article 76 of the Indian Constitution, the SGI and the Additional Solicitors General hold roles that are neither constitutional nor statutory. Instead, their service conditions are governed by the Law Officers (Conditions of Service) Rules, 1987, which derive authority from the proviso to Article 309 of the Constitution.

The appointment process is a structured bureaucratic journey. It typically begins within the Department of Legal Affairs, where a proposal is moved by a Joint Secretary or Law Secretary. Following approval from the Minister of Law & Justice, the recommendation moves to the Appointments Committee of the Cabinet (ACC) and finally to the President for official appointment. As of late 2024, Tushar Mehta has occupied this post since 10 October 2018.

The duties of the SGI are multifaceted, ranging from advising the Government of India on legal matters to appearing in the Supreme Court and High Courts on the government's behalf. This involves acting for the state during Article 143 proceedings initiated by the President at the Supreme Court. However, these responsibilities come with strict limitations on private legal practice. SGI officials are prohibited from opposing the Government of India or Public Sector Undertakings, and require official authorisation to represent criminal defendants. They are also restricted from holding briefs in most courts, except for specific entities like universities, local authorities, or government-controlled corporations.

Financially, the role includes a monthly retainer fee of Rs. 40,000, which is separate from the fees paid for specific cases. This structure ensures the officer can maintain the necessary focus on the Union's legal interests.

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