In this case — and in every matter — the AG’s opinion should be made public. This should be equally true of the opinions of the Solicitor General. In the Mulayam Singh-CBI case, the Supreme Court was moved on the advice of the SG, which the Court frowned on. Dozens of issues which are closed are opened or taken further on the AG or SG or other government lawyers’ advice. Fortunes are made and lost as papers are nudged along.
The AG’s office is important. If he is a mere government poodle or bulldog, the office should be abolished; But his is meant as an independent public office. He must be prepared to disagree with his government; even if sacked. He must act with independence, candour and transparency. Anything else short-changes the constitution and the office.
The writer is a senior advocate at the Supreme Court
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