Justice Subramonium Prasad observed that as per the rules of engagement of a law officer for Union of India — Law Officer (Conditions of Service) Rules, 1987 – and the judgements of the Supreme Court, the relationship between the Solicitor General of India and the Government of India is that of a fiduciary and a beneficiary.
The Solicitor General is duty bound to work for the benefit of the Union and other departments in good faith, where there exists trust and reliance by the beneficiary upon the Solicitor General, the Court stressed.
“This Court finds no infirmity with the argument put forth by the Ld. Counsel for the Petitioner [Union of India] that the advice tendered by the Ld. Solicitor General to the Union of India and other various government departments is done in the nature of a fiduciary, and hence the exception of Section 8(1)(e) of the RTI Act has been invoked,” Justice Prasad concluded.
Source: Barandbench
