Apex court advice to PM, CMs
New Delhi: Stopping short of prescribing disqualification for tainted people becoming ministers, the Supreme Court on Wednesday strongly advised Prime Minister and Chief Ministers not to induct in their ministry people against whom charges have been framed in criminal and corruption cases.
The apex court left it to the wisdom of the PM and CMs not to recommend such names to the President and Governor, observing that nation has reposed faith in them for “good governance”.
Holding that the Prime Minister is the repository of constitutional trust, a five-judge Constitution bench headed by Chief Justice R M Lodha, hoped the PM would not induct such “unwarranted elements” in his ministry in national interest.
“Thus, while interpreting Article 75(1)(appointment of PM and Ministers), definitely a disqualification cannot be added.
However, it can always be legitimately expected, regard being had to the role of a Minister in the Council of Ministers and keeping in view the sanctity of oath he takes, the PM, while living up to the trust reposed in him, would consider not choosing a person with criminal antecedents against whom charges have been framed for heinous or serious criminal offences or charges of corruption to become a Minister,” it said.
“This is what the Constitution suggests and that is the constitutional expectation from the Prime Minister. Rest has to be left to the wisdom of the Prime Minister. We say nothing more, nothing less,” the bench said adding that it is wholly applicable also to the Chief Minister.
In its 123-page judgement, the court said that it cannot pass any direction on disqualification as “it would tantamount to crossing the boundaries of judicial review”.
Expressing concern over prevalence of corruption at high places, the bench also comprising justices Dipak Misra, Madan B Lokur, Kurian Joseph and S A Bobde said repose of faith in the PM and CMs by people has expectations of good governance.
“A democratic republic polity hopes and aspires to be governed by a government which is run by the elected representatives who do not have any involvement in serious criminal offences or offences relating to corruption, casteism, societal problems, affecting the sovereignty of the nation,” it said. Legal experts said the verdict was “advisory” in nature and not binding. (PTI)
