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Wednesday, November 13, 2013

Other law officers

Apart from Attorney General, the other law officers are the Solicitor
General for India and Additional Solicitors General for India. The
duties of these officers are:

(i) to give advice to the Government of India upon such legal matters
and to perform such other duties of a legal character, as may from
time to time be referred or assigned to them by the Government of
India;

(ii) 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, appeals and other proceedings) in which the Government
of India is concerned as a party or is otherwise interested;

(iii) to represent the Government of India in any reference made by
the President to the Supreme Court under Article 143 of the
Constitution of India; and

(iv) to discharge such other functions as are conferred on a law
officer by or under the constitution or any other law for the time
being in force.

To avoid any complication and conflict of
duty, a law officer is not allowed to:

(i) advise or hold briefs against the Government of India;

(ii) advise or hold briefs in a case in which he is likely to be
called upon to advise or appear for the Government of India;

(iii) defend accused persons in criminal prosecutions without the
permission of the Government of India; or

(iv) accept appointment as Director in any company or corporation
without the Government of India;

(v) in the event of a conflict between a corporation brief and a brief
of the Government of India in the Supreme Court, the law officer shall
give preference to the brief of the Government of India. These law
officers have their headquarters at New Delhi, but represent the
interest of the Government of India, public corporations, state
government in any High Court or other subordinate court as and when
required.
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