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Lessons From Bofors

Justice (retd) JS Verma tells Shekhar Gupta in the Indian Express that  something like what the outgoing CEC suggested  -- no post-retirement jobs from the government in power for  10 years for the CEC and ECs and prohibition on their joining any political party -- should apply even more to CJI, CEC, EC, SC judges and CBI directors

Rajeev Dhavan argues in the same paper that the Attorney General's role needs to be looked at afresh:

The AG is a constitutional office (article 76). He is the principal advisor and legal conscience-keeper of the Government... In 1962-63 when Ashok Sen tried to combine the offices of AG and Law Minister, he was rebuffed. Today, it could be argued that a de facto merger has taken place between Law Minister Bharadwaj and AG [Milon] Banerjee. It wasn’t always so: independent India’s first AG, M.C. Setalvad, chastised the government over the Mundhra deal, averring that he was accountable to the nation, not the government. He addressed Parliament on preventive detention in 1960 — and politicians listened. Fali Nariman resigned as Additional Solicitor General (ASG) in July 1975 when the Emergency was declared. In 1977, Soli Sorabjee as ASG defended Presidents Rule, but on 10 December 1989 reportedly told Krishnan Mahajan that he regretted doing so. Then he, as AG supported opening up Babri Masjid for Hindu prayer in March 2002, even though in 1994 he opposed this stance in the Babri Masjid case. In UP K.L. Mishra and in Bombay H.M. Seervai set standards for Advocate Generals, the comparable office at State level.

More here

Justice (retd) JS Verma tells Shekhar Gupta in the Indian Express that  something like what the outgoing CEC suggested  -- no post-retirement jobs from the government in power for  10 years for the CEC and ECs and prohibition on their joining any political party -- should apply even more to CJI, CEC, EC, SC judges and CBI directors

Rajeev Dhavan argues in the same paper that the Attorney General's role needs to be looked at afresh:

The AG is a constitutional office (article 76). He is the principal advisor and legal conscience-keeper of the Government... In 1962-63 when Ashok Sen tried to combine the offices of AG and Law Minister, he was rebuffed. Today, it could be argued that a de facto merger has taken place between Law Minister Bharadwaj and AG [Milon] Banerjee. It wasn’t always so: independent India’s first AG, M.C. Setalvad, chastised the government over the Mundhra deal, averring that he was accountable to the nation, not the government. He addressed Parliament on preventive detention in 1960 — and politicians listened. Fali Nariman resigned as Additional Solicitor General (ASG) in July 1975 when the Emergency was declared. In 1977, Soli Sorabjee as ASG defended Presidents Rule, but on 10 December 1989 reportedly told Krishnan Mahajan that he regretted doing so. Then he, as AG supported opening up Babri Masjid for Hindu prayer in March 2002, even though in 1994 he opposed this stance in the Babri Masjid case. In UP K.L. Mishra and in Bombay H.M. Seervai set standards for Advocate Generals, the comparable office at State level.

More here

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