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India is one of the few countries where capital punishment is legal and is justified under the rarest of the rare doctrine. However, it is not just the execution in principle but the process of execution which matters. Discuss (10 Marks) ATTORNEY GENERAL OF INDIA-DUTIES AND FUNCTIONS



1. They are like an ‘Instrument of Instructions’ or general recommendations addressed to all authorities in the Indian union.

2. They have helped the courts in exercising their power of judicial review, that is, the power to determine the constitutional validity of a law.

3. They form the dominating background to all State action, legislative or executive and also a guide to the courts in some respects.

4. They amplify the Preamble, which solemnly resolves to secure to all citizens of India justice, liberty, equality and fraternity.

5. Facilitate stability and continuity in domestic and foreign policies in political, economic and social spheres.

6. Supplementary to the fundamental rights of the citizens.

7. Implementation creates a favourable atmosphere for the full and proper enjoyment of the fundamental rights by the citizens.

▪︎SOURCE – M. Laxmikanth



1. No Legal force

• The Directives have been criticised mainly because of their non justiciable character.

• K.T. Shah dubbed them as ‘pious superfluities’ and compared them with ‘a cheque on a bank, payable only when the resources of the bank permit.

2. Illogically arranged.

• Critics opine that the Directives are not arranged in a logical manner based on a consistent philosophy.

• According to N Srinivasan, ‘the Directives are neither properly classified nor logically arranged.

3. Conservative

• According to Sir Ivor Jennings, the Directives are based on the political philosophy of the 19th century England.

4. Constitutional conflict

• K Santhanam has pointed out that the Directives lead to a constitutional conflict :-

(a) between the Centre and the states,

(b) between the President and the Prime Minister, and

(c) between the governor and the chief minister.

▪︎SOURCE – M. Laxmikanth.

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