People Facing Criminal, Corruption Charges Should Not Be Made Ministers: Supreme Court

PM and CMs will be well advised not to include such people in their ministry, it said.

The bench passed the order on a PIL seeking its direction restraining the Centre and State governments from appointing people with criminal background as ministers.

The bench also comprising justices Dipak Misra, Madan B Lokur, Kurian Joseph and S A Bobde passed unanimous verdict in the matter with two judges giving separate opinions.

In the 123-page verdict, Justice Dipak Mishra said it is also expected that the Prime Minster should act in the interest of the national polity of the nation-state.

"He (PM) has to bear in mind that unwarranted elements or persons who are facing charge in certain category of offences may thwart or hinder the canons of constitutional morality or principles of good governance and eventually diminish the constitutional trust.

"We have already held that prohibition cannot be brought in within the province of 'advice' but indubitably, the concepts, especially the constitutional trust, can be allowed to be perceived in the act of such advice," the bench said.

It also said that while interpreting Article 75(1), definitely a disqualification cannot be added.

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