Wednesday, 27 August 2014

SC puts onus on PM to oust ministers facing criminal charges - Hindustan Times

Debarjun Saha | 06:23 |

The Supreme Court refused on Wednesday to disqualify ministers with criminal background, but strongly advised the prime minister against including tainted members in his cabinet.

Dismissing a petition on the issue, the apex court said, "It is expected that the PM will not appoint persons against whom charges have been framed and is facing trial."

A five-judge Constitution bench headed by Chief Justice RM Lodha, however, stopped short of prescribing disqualification for such people from becoming ministers, leaving it to the "wisdom" of the PM and CMs not to recommend such names to the president and governor.

Observing that it cannot add disqualification in article 75(1) (on appointment of PM and council of ministers), the bench, however, cautioned the PM and CMs against considering people with criminal antecedents, and against whom charges have been framed in serious offences, including corruption, for appointment as ministers.

"Ultimately it is expected that the prime minister should consider and not choose a person with a criminal background and that is the constitution's expectation."

It further said that the Constitution reposes immense trust in the PM and CMs and they are expected to act with constitutional responsibility and morality. It said that the PM has been regarded repository of constitutional trust and he should act in "national interest".

"We are saying nothing more, nothing less and it is left on the wisdom of the PM to decide," the bench said, adding this is also applicable to CMs.

The bench passed the order on a PIL seeking its direction restraining the Centre and state governments from appointing people with criminal background as ministers.

The bench also comprising Justice Dipak Misra, Justice Madan B Lokur, Justice Kurian Joseph and Justice S A Bobde passed unanimous verdict in the matter with two judges giving separate opinions.

Twelve of Modi's 45 ministers have been charged with criminal offences, eight of those involving serious charges, according to a list compiled by the Delhi-based civil society groups National Election Watch and Association of Democratic Reforms.

Water resources and Ganga rejuvenation minister Uma Bharti tops the list with  13 cases pending, including two charges related to attempted murder and six charges related to rioting.

Read: Team Modi members who face criminal cases: Uma Bharti tops the list with 13 cases



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