Senior advocate Tushar Mehta was re-appointed as the Solicitor General of India for a term of three years.

Mehta was appointed in 2017 as an Assistant Solicitor General and in October 2018 was promoted as Solicitor General of India. Since then he has been granted extension twice.

Besides Mehta, six Additional Solicitors General for the Supreme Court were also re-appointed for a period of three years.

Solicitor General is the second senior-most government law officer of the country, after Attorney General.

Attorney General

• The Attorney General for India is appointed by the President of India under Article 76 of the Constitution and holds office during the pleasure of the President. 

• The Attorney General is the top law officer of the Union government.

• He must be a person qualified to be appointed as a judge of the Supreme Court. It is the duty of the Attorney General to give advice to the government of India upon such legal matters and to perform such other duties of legal character as may be referred or assigned to him by the President. 

• In the performance of his duties, he has the right of audience in all courts in India as well as the right to take part in the proceedings of Parliament without the right to vote.

• The Attorney General shall receive such remuneration as the President may determine.

• In discharge of his functions, the Attorney General is assisted by a Solicitor General and Additional Solicitors General.

• He enjoys all the privileges and immunities that are available to a member of Parliament. 

Duties of Attorney General:

The President has assigned the following duties to the Attorney-General:

a) To represent the government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution (power of President to consult Supreme Court).

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 is concerned as a party or is otherwise interested.

There are some restrictions as well. They are: 

a) He should not advise or hold a brief against the government of India.

b) He should not advise 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.

c) He should not defend accused persons in criminal prosecution without the permission of the government of India.

d) He should not accept appointment as a director in any company or corporation without the permission of the government of India.

• However, he does not fall in the category of government servant and he is not debarred from private legal practices. 

• In 2017, the Delhi HC ruled that the office of Attorney General (AGI) does not come under the ambit of RTI Act as it is not a public authority under section 2(h) of the Act.

Section 2(h): “Public authority” means any authority or body or institution of self-government established or constituted—

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government, and includes any—

i) body owned, controlled or substantially financed;

ii) non-Government Organisation substantially financed, directly or indirectly by funds provided by the appropriate Government.

UPSC Civil Services Examination, Previous Year Questions (2013)

Consider the following statements: Attorney General of India can

1. Take part in the proceedings of the Lok Sabha

2. Be a member of a committee of the Lok Sabha

3. Speak in the Lok Sabha

4. Vote in the Lok Sabha

Which of the statements given above is/are correct?

(a) 1 only    (b) 2 and 4   (c) 1, 2 and 3   (d) 1 and 3 only 

Ans: (c).

UPSC Previous Years’ Questions Mains: 2019

Q. “The Attorney-General is the chief legal adviser and lawyer of the Government of India.” Discuss. (2019)

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