New Delhi, February 19
The Supreme Court today referred the issue of inclusion of “tainted” ministers in the Manmohan Singh government to a Constitution Bench stating that it involved the defining of an important question of law whether there was prohibition under the oath of office on appointment of a person facing criminal charges as minister.
A Bench of Chief Justice K G Balakrishnan and Mr Justice R V Raveendran was of the view that the matter needed to be examined by a Constitution Bench after perusing the issues framed by amicus curiae Rakesh Dwivedi, as was directed by the court earlier.
The court also directed the government to reply whether it had placed before Parliament the report of N N Vohra Committee that had recommended to check entry of criminals in politics and also asked the government to clearly state why should the court not take into account the recommendations of the committee while deciding the writ petition before it.
It ordered that the reply should come before April 3 when the case would be taken up for further hearing.
A PIL was filed by Manoj Narula in 2005, seeking quashing of the appointment of at least four ministers, including Railway Minister Lalu Prasad, his party colleagues Mohammad Taslimmuddin, A.A. Fatmi and Jai Prakash for being charge sheeted in several cases.
Among the nine issues framed by the amicus curiae, the important one was whether the President or the Governor as the case may be, should have “residuary power” to act on their discretion and refuse to act on the advice of the Prime Minister or Chief Minister to administer the oath to a tainted ministers or drop him from the ministry.
Whether the oath of office subscribed by President and the Prime Minister by necessary implication obliges them not to appoint a charge sheeted persons as minister, was the other important issue framed by him.
He also raised the question whether the Supreme Court had power to enforce such an order through a writ direction. Besides, various other provisions on the disqualification laid down in the Representation of People Act were also listed.
