Don't appoint tainted persons as ministers, SC tells PM & CMs

A five-judge constitution bench of the Supreme Court on Wednesday asked the prime minister and chief ministers not to appoint persons facing criminal and corruption charges in their councils of ministers.

Although the judges made strong appeals to political leaders, quoting philosophers and the Arthasasthra, the two erudite and concurring judgments did not make any mandatory order disqualifying tainted persons from holding constitutional posts. They trusted the wisdom of the leaders, who would act in national interest. The judgment was advisory in nature and would make little difference to the present situation.

The judgments were made in a ten-year-old petition moved by Manoj Narula, a public spirited citizen. He had sought a direction to the government not to appoint persons with tainted background to the ministry. The court stated that it cannot add disqualification in Article 75 (1) (appointment of PM and council of ministers).

Emphasising the prime minister has been regarded repository of Constitutional trust and he should act in national interest, the court said, "We are saying nothing more, nothing less and it is left to the wisdom of the prime minister and the chief ministers to decide."

"The prime minister is answerable to Parliament and is under the gaze of the watchful eye of the people of the country. Despite the fact that certain limitations can be read into the Constitution and have been read in the past, the issue of the appointment of a suitable person as a minister is not one which enables this court to read implied limitations in the Constitution."

The order stated, "It is also expected the prime minister should act in the interest of the national polity of the nation-state. He has to bear in mind that unwarranted elements or persons who are facing charge in certain category of offences may thwart or hinder the canons of constitutional morality or principles of good governance and eventually diminish the constitutional trust."

The judgment by the bench headed by Chief Justice R M Lodha can be read as a kind of relief to politicians facing charges. The ball is now in the court of the PM and CMs. The central Cabinet has 13 such persons, according to a report by the Association of Democratic Reforms (ADR). It is further estimated that 186 of the 541 Lok Sabha members are facing criminal charges.

Importantly, even before Prime Minister Narendra Modi had finalised his Cabinet, ADR and National Election Watch had written to him, requesting that "MPs with serious criminal cases should not be made ministers". They had also requested "neither should such MPs be made chairs of important committees such as parliamentary standing committees and financial committees".