Politicization of The Attorney General
The Attorney General is selected by the Government and acts as its advocate, and hence is not a neutral person. Nevertheless, it is a constitutional authority, and his or her opinions are subject to public scrutiny. On several occasions however, the opinions pursued by the Attorney General appear to have been extremely politicized.
During some of the AG tenures, it has been felt that the attorney general has gone too far. Niren De during Indira Gandhi replied to a question by Hans Raj Khanna stating that even the right to life can be suspended during emergency.
Similarly, in 2005, when the UPA government was planning a possible coalition with Mayawati, Milon K. Banerjee's opinion absolving Mayawati in the Taj corridor case was ignored by the Supreme Court In a direct condemnation of the government which asked the CBI to heed attorney general Milon Banerjee’s opinion and close the case against Mayawati, the Supreme Court told the agency not to go solely on the AG’s opinion and place all evidence before it.
In 2009, Milon K. Banerjee's opinion absolving Ottavio Quattrocchi in the Bofors scandal has also been viewed as "devaluing and eroding the Attorney General's position".
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