Indian Court Leaves Decision With PM

This article was last updated on April 16, 2022

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The Supreme Court of India this Wednesday sent a strong message to the Indian Ministry saying that the Prime Minister Narendra Modi and the Chief Ministers should not appoint ministers who are already facing criminal or corruption charges. The court further said that the government should avoid making such appointments and should act in ‘national interest’.

 A five-judge Constitution bench headed by Chief Justice R M Lodha, did not take the ending decision of disqualifying such ministers leaving the disqualification for such people from becoming ministers in the hands of the Prime Minister. The Supreme Court also ordered CMs not to recommend names of such people to the President and the Governor. According to article 75 (1) (appointment of PM and Council of Ministers) disqualification can not be added in the decision thus the bench said that the PM and CMs should not consider people with criminal antecedents and against whom charges have been framed in serious offences, including corruption, for appointment as ministers.

It further said that the Constitution has immense trust in the PM and CMs and so they are expected to act with constitutional responsibility and morality. According to The Economic Times, it said that the PM has been regarded repository of constitutional trust and he should act in national interest. “We are saying nothing more, nothing less and it is left on the wisdom of the PM to decide,” the bench said further adding that this is also applicable to the Chief Ministers.

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