Office of the Attorney General and its role in contempt cases

Context: Attorney General refuses consent to initiate criminal contempt against Swara Bhasker

Details: Attorney General K.K. Venugopal has refused consent to a plea to initiate criminal contempt action against actor Swara Bhasker for “scandalising” the Supreme Court.

What is the case for prior approval in Contempt Cases?

• The prior consent in writing of the Attorney General is required for the Supreme Court to initiate criminal contempt action in a case a/c to the Contempt of Court Act, 1971.
• AGI consent in a form of check on the much-debated suo-motu power of criminal contempt.

Attorney General of India (AGI):

• The AGI is the Indian government’s chief legal advisor and is a primary lawyer in the Supreme Court of India.
• They can be said to be the advocate from the government’s side.
• They are appointed by the President of India on the advice of Union Cabinet under Article 76(1) of the Constitution and holds office during the pleasure of the President.
• They must be a person qualified to be appointed as a Judge of the Supreme Court ( i.e. a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion of the President and must be a citizen of India.).

Reference: https://www.thehindu.com/news/national/attorney-general-refuses-consent-to-initiate-criminal-contempt-against-swara-bhasker/article32422891.ece