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No room for tainted lawmakers in ministries: SC to PM & CMs New Delhi, August 27 “This is what the Constitution suggests and that is the constitutional expectation” from the PM and CMs, the apex court held in the 123-page verdict. Headed by Chief Justice RM Lodha, the Bench, however, declined a PIL plea for interpreting the Constitution to slap a clear-cut ban on lawmakers facing charges framed by trial courts, preventing them from sneaking into ministries either at the Centre or in states. Pointing out that the PM and CMs were expected to act with constitutional responsibility, the apex court said they should guard against attempts by such unwarranted elements to “thwart or hinder the canons of constitutional morality or principles of good governance.” The other members of the Bench were Justices Dipak Misra, who authored the main verdict for the court, Madan B Lokur, Kurian Joseph and SA Bobde. Justices Lokur and Joseph also gave additional reasons for arriving at the conclusion. The Bench made it clear that today’s judgment was in the nature of a catena of other apex court verdicts giving constitutional interpretations to ensure good governance by keeping corrupt, criminal and other anti-social elements at bay. In this connection, it cited a recent verdict for automatic disqualification of MPs and MLAs upon their conviction by the trial court in corruption cases or being sentenced for two years or more in other criminal cases. The SC also pointed out the ruling stipulating that all the candidates contesting elections should make a full disclosure in the nomination about their antecedents and assets and liabilities as the voters had a right to assess them before casting their vote.Interpreting Articles 74 and 75 dealing with the appointment of the council of ministers at the Centre and a similar provision for states (Article 163), the SC said, "It can always be legitimately expected" that the PM and the CMs "would consider not choosing persons with criminal antecedents" for induction into the Cabinet or the ministry in order to live up to the trust reposed in them. "It is worthy to note that the Council of Ministers has the collective responsibility to sustain the integrity and purity of the constitutional structure...We say nothing more, nothing less" and would leave the “rest to the wisdom” of the PM and CMs, the SC clarified. The apex court said it was unable to ingrain a ban into the statutory provisions relating to appointment of ministers as the Constitution was clear that choosing their ministerial teams was the prerogative of the PM and CMs. Further, framers of the Constitution had left "many a thing unwritten by reposing immense trust" in the PM and CMs, the SC observed. Justice Joseph questioned the logic behind barring candidates facing criminal cases from joining civil service. ‘Act with constitutional responsibility’ *
SC Bench said the PM and CMs were expected to act with constitutional responsibility *
They should guard against attempts by such unwarranted elements to ‘thwart or hinder the canons of constitutional morality’ *
It cited a recent verdict for automatic disqualification of MPs and MLAs upon their conviction by the trial court in corruption cases.
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