CIC orders Delhi University and Gujarat University to provide Degree details of Prime Minister Narender Modi

The Central Information Commission (CIC) in a decision given on 29th April 2016 by Information Commissioner Shri M. Sridhar Acharyulu directed the Delhi University and Gujarat University to provide Degree details of Shri Narender Modi (Prime Minister) to the RTI applicant Shri Arvind Kejriwal (Chief Minister of Delhi).

Here is the link to the Judgment :

http://www.rti.india.gov.in/cic_decisions/CIC_SA_C_2015_000275_T_184410.pdf

On 28th December 2016, Gujarat HC ordered hearing by a Single-Judge Bench on a Gujarat University petition seeking quashing of Central Information Commission order to provide information on Prime Minister Narendra Modi's educational degree to AAP leader Arvind Kejriwal.

In yet another Order passed by CIC on 21st December 2016 in the case of Neeraj vs Delhi University (Case No. CIC/SA/C/2016/900122), the CIC directed Delhi University to facilitate inspection of records related to all the BA students of 1978, which according to the University is the year when Prime Minister Narendra Modi got his degree. The RTI applicant had filed application to know the details of all students who had appeared in Bachelor of Arts course in the year 1978, their father name and their result but Delhi University had denied the information, prompting him to approach CIC.

-->

However, the CIC order has been stayed by Delhi High Court on 23^rd January 2017.

-->

Supreme Court of India leave it to wisdom of PM and CM to appoint clean ministers with no criminal background

In response to a petition filed by one Manoj Narula (Writ Petition Civil No. 289/2005) seeking to stop MPs and MLAs chargesheeted but not yet convicted of crimes from being appointed ministers in Central and State governments respectively, the 5-Judge Batch of Supreme Court of India pronounced an important judgment on 27th August 2014. The Court said that framers of Constitution reposed faith and trust in the Prime Minister and Chief Minister and left it to their wisdom to appoint only those persons as ministers who have clean antecedents. The Court ruled that corruption is an enemy of the nation. As a trustee of the constitution, the PM is expected not to appoint unwarranted persons as ministers. The Court wished that politicians with a "criminal background" should not serve in government.

The court however said it could not disqualify the ministers, as the constitution allows prime minister to appoint his own cabinet, but said it hoped that the PM will honor the spirit of the constitution in appointing ministers. 

Earlier, vide judgment in case of Lily Thomas vs UOI on 10th July 2013, Supreme Court had struck down Section 8 (4) of the Representation of People Act 1951. As a result of said ruling, if a MP or MLA is "convicted" of an offence prescribed in Section 8(1) & (2), then he will immediately cease to be an MP or MLA and thus will thus lose his ministership if he is a minister. There was an outcry by the politicians. The then Government headed by Congress introduced a bill called Representation of People (Second amendment and Validation) Act 2013 to dilute the judgment to help the tainted politicians but before the bill could be passed, the parliament was adjourned. The Government that immediately brought an ordinance to undo the said judgment but after severe public criticism, the ordinance was dropped and not pursued.

In another judgment in case of Chief Election Commissioner vs Jan Chowkidar on 10th July 2013, Supreme Court had held that the persons who are either in prison serving a sentence after conviction or who are in lawful custody of police, are debarred from contesting elections of MP or MLA. The Government succeeded in undoing this judgment by getting the Representation of the People (Amendment and Validation) Bill, 2013 passed in Rajya Sabha on 27th August 2013. In Lok Sabha, it was passed on 6th September 2013 without any discussion. Thus, the bar on convicted politicians from contesting elections has been removed by the Government by said amendment.

Click here for Full Text of the Judgment.

http://judis.nic.in/supremecourt/imgs1.aspx?filename=41850

Download free Android app for latest and important court decisions. https://play.google.com/store/apps/details?id=com.sgsolicitors.indianlaw&hl=en