Stopping short of prescribing disqualification for tainted people becoming ministers, the Supreme Court today 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. 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. Legal experts said the verdict was "advisory" in nature and not binding. The apex court said the PM has a great magnitude of constitutional responsibility and he must ensure that morality and good governance are not diminished in any manner. Justice Misra, who wrote the judgement on behalf ofJustice Lodha, himself and Justice Bobde, said in a democracy, people never intend to be governed by persons who have criminal antecedents. In a separate but concurring verdict, Justice Lokur said that it is for the legislature to pass the law on restricting people with criminal antecedents to become ministers. Justice Joseph also said in his separate verdict that it is the "prophetic duty" of this Court to remind the key duty holders about their role in working of the Constitution. The provision deals with disqualification of membership to Parliament and state legislatures. The apex court said framing of charges against a person is important and a person should not be allowed to be minister after that stage. It said that in a democracy, the citizens legitimately expect that the Government of the day would treat the public interest as primary one and any other interest secondary.The court passed the order on a PIL seeking its direction restraining the Centre and State governments from appointing people with criminal background as ministers. The PIL filed by Manoj Narula has challeged the inclusion of Lalu Prasad, Jai Prakash Yadav, M A A Fatmi, Mohd Taslimuddin and K Venkatapathy in the council of ministers in UPA I regime.
In a debate moderated by TIMES NOW's Editor-in-Chief Arnab Goswami, panelists -- Vani Tripathi Tikoo, Natl Spokesperson, BJP; Ashutosh, Leader, AAP; Aryama Sundaram, Senior Advocate, Supreme Court; Shazia Ilmi, Political Activist; Salman Soz, Spokesperson, Congress -- discuss whether after the SC advisory putting the onus on the PM, Narendra Modi will comply.
