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.
