Supreme Court’s Verdict on Ministers with a Criminal Past
August 30, 2014
In the course of his election campaigns, Prime Minister Narendra Modi had sought to cleanse the political system of criminal elements through speedy trials in such cases. He had promised to fast-track cases against the elected representatives facing criminal charges –
“Just give me one chance to clean the system…I will set up special courts under the supervision of the Supreme Court to try all the tainted MPs and MLAs, that too within one-year time limit. After one year, those who are guilty will go to jail”, Modi had said then.
Modi’s promise of setting up fast track courts : An Election Rhetoric?
Modi is yet to act on this promise after he became the prime minister.
Could it be the economic considerations since studies have suggested that the task of setting up fast track courts for cases against elected officials and women alone requires a whopping amount of Rs 32,000 crore?
It is worth pointing out that on March 10 this year, the Supreme Court had already set one-year deadline for completing the proceedings after framing of charges against lawmakers facing criminal charges. The bench headed by justice RM Lodha had then ruled that trial courts would have to explain to the chief justices of their high courts if proceedings were not completed within a year of framing charges, ordering day-to-day hearings in such cases. The court had further said that the chief justice could extend the period of trial if satisfied with the reason given by the trial judge.
So, wasn’t Modi’s promise of setting up fast track courts just an election rhetoric given that even in its latest ruling of 27th August 2014, the apex court rejected fast track courts for elected representatives?
It is indeed bizarre that while the last general elections for the 16th Lok Sabha were contested on issues of corruption, scams and governance, the newly constituted 16th Lok Sabha has 186 MPs with criminal charges that is 34 per cent up from 24 percent in 2004 and 30 percent in 2009.
Modi Ministry : Tainted Ministers
Equally shocking is that despite his reiterations against criminalisation of politics, Modi in his ministry has 13 ministers charged with criminal offences (Eight of these ministers face serious charges).
It may be argued that politicians are more prone to be motivated complaints. Like other political parties, the BJP too has very often claimed that some charges against politicians were filed due to political vendetta.
This is quite understandable given the high stakes involved in today’s politics. Yet, what if the political parties unite to trash a Supreme Court verdict of barring people from contesting if they are in police or judicial custody? Some reports suggested that in August last year, during the term of the United Progressive Alliance (UPA) government, almost all political parties were of the considered view of amending the Representation of People Act in this regard to negate the impact of the apex court verdict directing immediate disqualification of MPs and MLAs on being sentenced for more than two years in a criminal case. At that time, the then Leader of Opposition Sushma Swaraj (who is now the Foreign Minister in the National Democratic Front Government) was quoted as saying, “Suppose you are in police custody even for a day, then you do not have a right to vote nor you can file nomination for election. The government said they want to amend the Representation of People Act to undo this and BJP supported this.”
Obviously, there are some serious issues involved in crime and politics. It is in this light that we should consider the latest Supreme Court ruling of 27th August (and this is not binding on the Executive) that being chargesheeted alone should be reason not to be considered for a ministerial post – “It is worthy to note that the Council of Ministers has the collective responsibility to sustain the integrity and purity of the constitutional structure.”
Supreme Court’s Verdict
The five-judge Constitution bench headed by Chief Justice R M Lodha ruled that it is the prerogative of the PM and CMs to choose their ministers. While declining a Public Interest Litigation plea to impose an outright ban on elected representatives who face charges framed by trial courts from sneaking into ministries either at the Centre or in states, it expressed its inability to ingrain such a ban into the statutory provisions relating to appointment of ministers.
What is significant of this 123-page ruling is that it invoked the issue of morality and left it “to the wisdom of the prime minister to see whether people with criminal backgrounds are appointed as ministers”.
“We are saying nothing more, nothing less and it is left on the wisdom of the PM to decide,” the court said, adding this is also applicable to CMs.
Indeed, as the court further observed, the PM and CMs were repository of Constitutional trust and should act in national interest.
Yet, can the moral card work?
The question assumes significance in the wake of the compulsions of modern-day governance as was the case with former prime minister Manmohan Singh who found himself to be a prisoner of coalition politics.
Yet unlike his predecessor Singh, Modi seems to be in absolute control of the government because of his overwhelming electoral mandate. Does it mean that he will act to drop his tainted ministers because of the moral pressures exerted by the Supreme Court?
Indeed unlike the tumultuous days when the Apex Court was often accused of indulging into judicial activism by, what was perceived by the political class, encroaching on the Executive territory, this time the Apex Court has deftly lobbed the ball into the Executive’s domain.
In its ruling, it made it clear that it could not disqualify the ministers, as the Constitution allows a prime minister to appoint his/her own cabinet. Yet, it said it all in one statement: “Will any reasonably prudent master leave the keys of his chest with a servant whose integrity is doubted?”
Well, it is now for Modi to respond. The ball, indeed, is in his court!
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