8/28/2014

Court cannot add new disqualification for Ministers - The Hindu

Today's Paper NATIONAL

Court cannot add new disqualification for Ministers
J. Venkatesan

The Supreme Court on Wednesday refused to add a new disqualification in the Constitution for appointment as
Ministers, saying it was the prerogative of the Prime Minister or the Chief Minister of a State to appoint Ministers of
his/her choice.
A five-judge Constitution Bench headed by Justice R.M. Lodha, in its 123-page judgment on a public interest
litigation petition filed in 2005 seeking the removal of tainted Ministers from the Cabinet, said, We are of the
convinced opinion that when there is no disqualification for a person against whom charges have been framed in
respect of heinous or serious offences or offences relating to corruption to contest the election, by interpretative
process, it is difficult to read the prohibition into Article 75(1) or, for that matter, into Article 164(1) to the powers of
the Prime Minister or the Chief Minister in such a manner.
However, the Bench said having regard to the role of a Minister and keeping in view the sanctity of oath he takes, the
Prime Minister would consider not choosing a person against whom charges have been framed for heinous or serious
criminal offences or charges of corruption. In a controlled Constitution like ours, the Prime Minister is expected to
act with constitutional responsibility, the Bench said.
Corroding democracy
Justice Dipak Misra, writing the main judgment for himself, the CJI, Justice Bobde, Madan B. Lokur and Kurian
Joseph, said criminalisation of politics is anathema to the sacredness of democracy. It is worth saying that systemic
corruption and sponsored criminalisation can corrode the fundamental core of elective democracy and, consequently,
the constitutional governance.
It said: 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 and many other offences. Corruption has the
potentiality to destroy many a progressive aspect and it has acted as the formidable enemy of the nation.
The framers of the Constitution left many a thing unwritten. They also expected that the Prime Minster would act in
the interest of the national polity of the nation-state. He [PM] 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.
A democratic polity aspires to be governed by elected representatives who do not have any
involvement in serious criminal offences

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