SC puts onus on PM to get rid of ministers with criminal record
29 Aug 2014 5:27 AM IST
Refusing to prescribe disqualification of ministers against whom criminal and corruption charges have been framed, the apex court on Wednesday said, the prime minister and chief ministers should not consider people with criminal antecedents and against whom charges have been framed in serious offences, including corruption, for appointment as ministers.
A five-judge Constitution bench headed by Chief Justice RM Lodha hoped the PM would not induct ‘unwarranted elements’ in his ministry in national interest. It said the Constitution reposes immense trust in the PM and chief ministers and they are expected to act with constitutional responsibility and morality. ‘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.
The bench said, the PM has been regarded repository of constitutional trust and he should act in national interest. 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 Centre had argued that removing ministers is against the Constitutional prerogative of Parliament and the will of the people. It had said once a person is an MP, he is entitled to be in the council of ministers, if the prime minister decides.
Congress leader Rashid Alvi said, ‘Indirectly, the Supreme Court has advised the prime minister of the country to drop all these 13-14 ministers who have criminal backgrounds. Before becoming the prime minister of the country and the elections, he must have said that my cabinet will be clean and we are going to fight corruption.’ BJP leader Shahnawaz Hussain said, ‘After conviction, no one has the right to stay in power.’
A five-judge Constitution bench headed by Chief Justice RM Lodha hoped the PM would not induct ‘unwarranted elements’ in his ministry in national interest. It said the Constitution reposes immense trust in the PM and chief ministers and they are expected to act with constitutional responsibility and morality. ‘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.
The bench said, the PM has been regarded repository of constitutional trust and he should act in national interest. 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 Centre had argued that removing ministers is against the Constitutional prerogative of Parliament and the will of the people. It had said once a person is an MP, he is entitled to be in the council of ministers, if the prime minister decides.
Congress leader Rashid Alvi said, ‘Indirectly, the Supreme Court has advised the prime minister of the country to drop all these 13-14 ministers who have criminal backgrounds. Before becoming the prime minister of the country and the elections, he must have said that my cabinet will be clean and we are going to fight corruption.’ BJP leader Shahnawaz Hussain said, ‘After conviction, no one has the right to stay in power.’
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