Gourab Banerji was appointed as Additional Solicitor General of India (ASG) in the Supreme Court in July 2009 and served a five-year term. During his stint as an ASG, apart from the sheer volume of income tax matters assigned to him, he successfully represented the Government of India in many landmark cases like the Republic of Italy v. Union of India, (2013) 4 SCC 721 (“the Italian Marines case) and State of Punjab v. Dalbir Singh, (2012) 3 SCC 346, where the Supreme Court struck down the mandatory death penalty under the Arms Act 1959.

In particular, the latter provided Mr Banerji an opportunity to use his expansive experience and knowledge in comparative law, as he presented the Supreme Court with the law in several countries like the United States, United Kingdom, Australia, Uganda, Kenya and even Malawi. For this, the Supreme Court recorded its appreciation for his ‘considerable assistance’ for placing before the Court judgments from different jurisdiction on the question of mandatory capital punishment and decisions.

He has also been appointed as an amicus curiae by the Supreme Court in several matters covering a wide range of subject matters such as refugee law, service law, Supreme Court practice and procedure and arbitration. In 2011, a three-judge bench of the Supreme Court in Narmada Bachao Andolan v. State of M.P., (2011) 12 SCC 333, sought his assistance on the permissibility of State Council of Ministers to delegate its power to a subordinate authority to amend its own decision and whether such amendment was consistent with the Rules of Business framed under Article 166 of the Constitution of India.