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Who is a Solicitor General? Why is the post important to the government?

Assessing the role and duties of an SG and whether an SG can disagree with the government

January 26, 2024 / 18:56 IST
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The Solicitor General is the second in command to the attorney general of India – the second seniormost law officer of the government

The Chief Justice of India’s courtroom on January 24 witnessed an unprecedented showdown between the Solicitor General and the country’s top judge. While arguments are not new in courtrooms, the heated exchange between SG Tushar Mehta and CJI DY Chandrachud was over the duties of a law officer and the supremacy of parliament.

At the centre of the exchange was the 1981 amendment to the Aligarh Muslim University Act, which affirmed its minority status. The Allahabad High Court ruled against the grant of minority status to AMU in 2005. The matter reached the Supreme Court and a seven-judge bench of the Supreme Court started hearing on January 23.

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When the SG told the court that he did not agree with the 1981 amendment that restored minority status to AMU, the CJI said, “Parliament is an eternal indestructible body under the Indian Union. Irrespective of which government represents the cause of the Union of India, parliament’s cause is eternal, indivisible and indestructible. We can’t hear the government of India to say that they don’t stand by an amendment to a law by the parliament, you have to stand by it.”

Mehta responded by stating that he was answering a constitutional question before a seven-judge constitution bench and he could choose what is right. The SG said, “As a law officer, it is my right, duty and entitlement to say that this view appears to be correct.”