This Article is From Aug 28, 2014

For PM, Advice To Avoid Ministers With Criminal Cases: 10 Facts

File pic: PM Narendra Modi and his Cabinet after being sworn in

New Delhi: The Supreme Court today stopped short of disqualifying ministers with criminal cases, leaving the decision to the "wisdom of the Prime Minister", but made it clear that such ministers have no place in the government. The court said as conscience keeper of the Constitution, the PM must avoid taking ministers involved in serious offences.

Here is your 10-point cheat-sheet to the story:

  1. A Constitution bench of the country's five senior most senior judges said it is not for the court to issue any direction to the PM or Chief Ministers, but "it is the prophetic duty of this court to remind the key duty holders about their role in working the Constitution."

  2. The court said it expected the PM to act with "constitutional morality and responsibility" and choose not to take ministers with doubtful integrity.

  3. "Will any reasonably prudent master leave the keys of his chest with a servant whose integrity is doubted?" the judges asked, adding, "Corruption is an enemy of the nation. As a trustee of the Constitution, the PM is expected not to appoint unwarranted persons as ministers."

  4. Today's ruling was on a petition that sought to bar MPs with "criminal backgrounds", including those charged but not convicted, from being appointed ministers at the Centre and in states.

  5. India bans those convicted of serious crimes from holding office, but not those facing charges.

  6. Prime Minister Narendra Modi's BJP won a massive mandate to take power in May, partly on a promise of a clean government after the previous Congress-led administration was weighed down by corruption charges.

  7. Thirteen of PM Modi's 45 ministers have been charged with criminal offences, eight of those involving serious charges, according to the Delhi-based Association of Democratic Reforms, a clean government advocacy group.

  8. There are 13 cases against Water Resources and Ganga Rejuvenation Minister Uma Bharti, including two charges related to attempted murder and six charges of rioting.

  9. MPs say charges against them are false or the result of political vendetta. Those convicted of crimes have traditionally continued in office by filing an appeal in India's notoriously slow courts.

  10. In a landmark judgement last year, the Supreme Court ruled that MPs sentenced to more than two years in jail should be disqualified, even if they have appealed to a higher court. The UPA's bid to undo that with an ordinance fell through.



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