What is the difference between attorney general & solicitor general?
October 10,2023
This article is written by Adv. Simran Acharya and this article is focus on who is attorney general & solicitor general? and what is the difference between attorney general and solicitor general.
And this article has been published by Adv. Prakash Chand Sharma.
1.Introduction:-
In this article, we will explore the roles of the Attorney General and Solicitor General and the difference between these two positions. The Attorney General is responsible for providing legal counsel to the government and overseeing all government-related cases. On the other hand, the Solicitor General works under the Attorney General and assists them in their duties. It is important to note that there is a distinction between the roles of an Attorney General and Solicitor General, which we will discuss further in this article.
The Attorney General is a law officer whose position is defined in Article 76 of the Constitution. This position holds constitutional status and is appointed by the President. The primary responsibility of the Attorney General is to provide legal counsel to the government and oversee all government-related cases. They are essentially the lawyers of the government and are a part of the executive branch. Additionally, the Attorney General provides opinions to the President when requested, particularly in cases where the President wants the Supreme Court's opinion under Article 143. The Attorney General also represents the President in court appeals and communicates with the court on behalf of the President.
3.Who is the solicitor general?
The Solicitor General is a position that works under and is subordinate to the Attorney General. The Solicitor General assists the Attorney General in judicial matters and is accompanied by additional Solicitor Generals. This position is statutory and is not mentioned in the Constitution of India. The post of Solicitor General comes from the 1987 Service Rule and is also appointed by the President of India. The eligibility criteria for this position are the same as that of the Attorney General. The primary responsibility of the Solicitor General is to handle the work of the Supreme Court and High Court on behalf of the government. Their main role is to appear in court and represent the government in legal matters.
4.Difference between Solicitor and Attorney General of India:-
Article 76 of the Indian Constitution creates the position of Attorney General of India. The differences between Attorney General and Solicitor have been elaborated in the table given below:
| Solicitor | Attorney General |
| The Solicitor General of India is inferior to the Indian Attorney General. | The Attorney General is the nation’s top law enforcement official. |
| They share the duties of the country’s second law enforcement officer with the Attorney General and Additional Solicitors General for India. | The Attorney General is the only position established by the Constitution, and Article 76 does not mention the solicitor general or additional solicitor general. |
| The Solicitor General and the Additional Solicitors General, like the Attorney General for India, represent the Union of India in court under the Law Officers (Terms and Conditions) Rules, 1972. | The Solicitor General assists the Attorney General of India in carrying out his official duties. |
| Solicitor General and Additional Solicitors General are only statutory positions. | The position of Attorney General for India is guaranteed by Article 76 of the Indian Constitution. |
| The Appointments Committee of the Cabinet (ACC) formally appoints the Solicitor General and makes a recommendation for the position. | The Attorney General of India supervises the Solicitor General. The Law Officers (Conditions of Service) Rules, 1987 outline the responsibilities of the Solicitor General. |
As we can see, the Attorney General holds a higher position in the government and has constitutional status, while the Solicitor General is a statutory post. Both positions are appointed by the President of India and have the same eligibility criteria. While the Attorney General is the chief adviser in government cases, the Solicitor General serves as an assistant adviser. Both positions appear in court, including both the Supreme Court and High Court.
5. Conclusion:-
In simple terms, the Attorney General provides legal counseling to the government while the Solicitor General assists the Attorney General. It is important to note that while the Attorney General is guaranteed by Article 76 of the Indian Constitution, the position of Solicitor General is a statutory post. Another commonality between the two positions is that private practice is prohibited for both the Attorney General and the Solicitor General. Additionally, the fees of both officers are fixed per day and per case.
6. Researcher and Writers:-
Intellectual Property Owner:-Techalam Legal Solution LLP*,
Author & Writer:- Simran Acharya*(B.Com, LLB, LLM, Adv.), Adv. Naya Jain **(LLB, ADV)
Researcher & Scientific Work:- Prakash Chand Sharma*** Technology & Intelligence Director:- Devendra Choudhary******
Founders, Designated Partners & Associate of Zumosun Group Mobile:- +91 9116098980/9119112929 email:- thelegalbank@gmail.com
7. Reference:-
Difference Between Attorney General & Solicitor... - Study IQ
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