SC refuses to disqualify ministers with criminal charges, leaves it to 'PM's wisdom'


New Delhi, Aug 27 (NDTV): The Supreme Court today refused to disqualify ministers with criminal cases, leaving the decision to the "Prime Minister's wisdom", but made the point that those involved in offences of moral turpitude and corruption should not be ministers.

"As a trustee of the Constitution, the PM is expected not to appoint unwarranted persons as ministers, no disqualification can be prescribed," a Constitution bench of the country's five senior most judges said.

"It is expected that the PM will not appoint persons against whom charges have been framed and he is facing trial. We leave it to the PM and Chief Ministers," the judges ruled on a 10-year-old petition that sought the removal of charge-sheeted ministers from the UPA government at the time.

The petition was earlier dismissed in 2004 when the court said interfering would be "premature" as the issue of ministers with criminal cases was being debated in Parliament.

The Centre had argued that removing ministers is against the Constitutional prerogative of Parliament and the will of the people, and that "once a person is an MP, he is entitled to be in the council of ministers, if the Prime Minister decides."

The court today accepted the argument, but also said the "Constitution reposes immense trust in the PM and Chief Ministers and they are expected to act with responsibility and with constitutional morality."

Prime Minister Narendra Modi's cabinet has 14 ministers with police cases against them.

Uma Bharti, the minister for Water Resources, has 13 cases against her, including two charges related to murder and six charges of rioting.

Road Transport Minister Nitin Gadkari has four cases against him, including one charge related to criminal intimidation.

Ministers Upendra Kushwaha and Raosaheb Dadarao Danve each face four cases.

Another minister, Nihalchand Meghwal, was recently summoned by a Rajasthan court in a rape case.

The Election Commission has repeatedly said candidates with a criminal past should be barred from contesting elections.

Last year, the Supreme Court ruled that elected lawmakers will stand disqualified if convicted by a court and sentenced to two years of imprisonment or more.

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  • anil, dubai

    Wed, Aug 27 2014

    Wonder if he has or not? If had there wouldnt have tainted ministers in cabinet. As the words of SC says left to thd wisdome of pm. For the person eith little common sence the eordings of SC is enough to read between lines.

    DisAgree Agree Reply Report Abuse

  • Vincent, Mangalore

    Wed, Aug 27 2014

    PM's Wisdom????? Does that exist????
    Wasn't it the PM himself who chose his ministers?

    DisAgree Agree [8] Reply Report Abuse

  • Vincent Rodrigues, katapadi/Bangalore

    Wed, Aug 27 2014

    The supreme court,the highest judiciary of the country should have been strict in disqualifying tainted ministers with criminal charges as per the constitutional provision of our country.We don't know why the discretion has been given to PM in this regard.Hope the court will do real justification in the matter to have a clean government.

    DisAgree [1] Agree [9] Reply Report Abuse

  • ISMAIL K PERINJE., PERINJE.

    Wed, Aug 27 2014

    In the first place charge sheeted politician should not permitted to contest election

    If so, we could hardly fill up candidates for Indian Parliament or Assembly from all political parties.

    Might is right to get political excellence and it goes hand in hand.

    DisAgree [1] Agree [9] Reply Report Abuse

  • A. S. Mathew, U.S.A.

    Wed, Aug 27 2014

    You are correct. If we are cherry picking only ethically stain-free political candidates, we would be faced with serious shortage for candidacy in all the political parties. Where we are headed? How ethically corrupted candidates can offer a noble administration?

    DisAgree Agree [4] Reply Report Abuse

  • A. S. Mathew, U.S.A.

    Wed, Aug 27 2014

    The Supreme Court is giving an open challenge to Mr. Modi with an iron broom to brush off the morally stained Ministers. How he can do that? If done, we are going to watch another 5 ring political circus in India without any net underneath.

    DisAgree [2] Agree [8] Reply Report Abuse

  • Joseph F. Gonsalves, Bannur, Puttur / Mangalore

    Wed, Aug 27 2014

    Supposedly the Chaaiwaala have had little wisdom he would have not let loose all the constitutional laws into the hands of criminals, looters and thugs to commit atrocities murders, snooping the women and encounters.

    NOW WHO IS THE LEADER OF ALL THE MOST RECORD NUMBERS OF CRIMINALS IN THE 16TH LOKA SABHA WHO?!...
    GUINNESS BOOK OF RECORDS NEVER EVER HAD BEFORE AND NOW IS....
    Wisdom?!

    DisAgree [3] Agree [10] Reply Report Abuse

  • Prakash Shetty, Mumbai

    Wed, Aug 27 2014

    PM's party itself is headed by a person with several serious criminal cases.
    Feku's wisdom....Sangeet Som Muzzaffarnagar riots was given Z security by the Central government,

    DisAgree [5] Agree [19] Reply Report Abuse

  • abhyankar, mumbai

    Wed, Aug 27 2014

    surprisingly only problem with NDA ministry? when UPA was their no one quetstioned? why congress ploitician dont get punished for the crime?

    DisAgree [6] Agree [10] Reply Report Abuse

  • Roshan, Mangalore

    Wed, Aug 27 2014

    There are number of instances where a congress politician proved guilty going to jail. Like Sukh Ram etc. There are many on whom there are cases. NDA will do good if they expatiate the cases. At least many of them are forced to quit the positions they hold. In contrast NDA always promoted the accused, with the only exception of Bangaru Laxman, who was caught red handed taking bribe. For your kind information. So, bottom line is if anyone has cases, the best is to join BJP for survival and better prospectus. Congress will dump anyone to their own fate, if such accusations come.

    DisAgree [2] Agree [3] Reply Report Abuse

  • Amin Bhoja, Patte / Riyadh

    Wed, Aug 27 2014

    SC throws it's ball inside the court and tells our PM to play with it!!!Now our PM plays with game or with the ball,a question mark anyway?.

    DisAgree [1] Agree [14] Reply Report Abuse

  • prem, moodbidri

    Wed, Aug 27 2014

    @ Amin, not sure with which ball FEKU will play, but one thing is sure, he is arrogant & not at all bothered about country.
    There is minister with rape charges on him, no action taken!
    HRD minister itself not able to distinguish her qualification!!
    Person who is having highest criminal charges on her, is asked to do 'Holy Ganga' purification!!!

    DisAgree [1] Agree [6] Reply Report Abuse

  • sid, mangalore

    Wed, Aug 27 2014

    The Problem is we have never seen any minister getting punished . Maximum they go work 15 days to few months get VIP treatment and back to normal business . Only common man get punishment . Millions are stolen by ministers to every ones knowledge but its never a crime .

    Our jail would not be sufficient for Dongi Congi Gang if they were to be punished .

    DisAgree [5] Agree [7] Reply Report Abuse

  • Amith, udupi

    Wed, Aug 27 2014

    what about our PM? and president of BJP ? doodh ki dhule hue hain na..

    DisAgree [8] Agree [15] Reply Report Abuse

  • Sachidanand Shetty, Mundkur/Dubai

    Wed, Aug 27 2014

    Kazi Saab, I know very well five rituals of Muslim Bandhu. But God forbidden my reaction for somebody who is writing always biased comments needs tit for tat reply like this only. This is not for people like you so pls ignore it

    DisAgree [10] Agree [6] Reply Report Abuse

  • Syed Kazi, Mangalore

    Wed, Aug 27 2014

    If you want to go tit for tat, you should go in his language only and not using some one's shoulder to fire your shots. Take care while expressing your frustration. It is not the question of IGNORING, you should take back your word. Take care as you are living in Dubai.. When you know the Five pillars of Islam, then why are you showing the height of STUPIDITY

    DisAgree [5] Agree [14] Reply Report Abuse

  • Naiem , Uchila

    Wed, Aug 27 2014

    Kazi Bhai

    I guess it was his ignorance that he mentioned word zaakat , by the way i have been following Mr.Sachidanad Shetty in DW for almost 2-3 years ..he has never uttered any word against any religion ! He follows one party and tries to defend it , thats a good thing ....Other than that his comments are always positive ...

    So leave this considering it as ignorance !!No point in dragging it !

    DisAgree [6] Agree [11] Reply Report Abuse

  • Sudhakar, Kallianpur

    Wed, Aug 27 2014

    Mr. Naiem.
    Good gesture, sensitive comment.

    DisAgree [1] Agree [7] Report Abuse

  • vellano1, Mumbai

    Wed, Aug 27 2014

    now is that a threat??? u cant hear something from a person living in islamic country? now that is intolerance, man!

    DisAgree [4] Agree [3] Reply Report Abuse

  • Clifford Fernandes, Toronto

    Wed, Aug 27 2014

    Wisdom of PM, constitutional morality are all the words just to ponder and are irrelevant with present day Indian politics. Whether Congress or BJP, both are in the same boat. But, there is a difference now, that is Modi has majority by their own and hence wisdom could have been used. If Vajpayee had the full mandate in BJP, he would never have appointing these rogues and criminals as ministers. But, what is the problem now for Modi, when he has very good people among BJP MPs ? The SC ruling has just brought us to square one and it is nothing but beating around the bush.

    DisAgree [1] Agree [8] Reply Report Abuse

  • Sachidanand Shetty, Mundkur/Dubai

    Wed, Aug 27 2014

    It’s good that SC did not indulge in day-to-day affairs of Parliament. It means our system is working properly under NaMo Raaj. Shasakaang, Kaaryaang & Nyayaang have its own limit and boundary to work independently. But looking at the another angle, somehow I believe that SC wants to keep distance from PMO so that their functioning is untouched by PMO too

    DisAgree [25] Agree [9] Reply Report Abuse

  • Stevan Furtado, Shirva/Bangalore

    Wed, Aug 27 2014

    What you mean to say?
    are you challenging to Supreme Court?

    DisAgree [3] Agree [10] Reply Report Abuse

  • Syed Kazi, Mangalore

    Wed, Aug 27 2014

    yenu Shettare, you are slipping every where, some thing wrong ????

    DisAgree [2] Agree [10] Reply Report Abuse

  • N.M, Mangalore

    Wed, Aug 27 2014

    "P.M's Wisdom" ROFL....joke of the day!!!

    Dear SC - Our Rambo ONLY has a 56' inch Chest.

    DisAgree [15] Agree [26] Reply Report Abuse

  • Vincent Praveen Castelino, Pernal / Mumbai

    Wed, Aug 27 2014

    SC refuses to disqualify ministers with criminal charges, leaves it to 'PM's wisdom'...............

    ..........If our current P.M Mr. Narendra Modi had little-bit of "Wisdom", then the first job he would not have done through his close aide Mr.Amit Shah in appointing Mr.Yediyurappa as "Vice-President" of BJP!!!

    Iron Ore mining in Bellary (famous Reddy Bros.)through Mr. Yediyurappa looted hundreds of crores of the state and shared/parted some with Mrs. Sushmaji.

    So may be it's a give and take policy for BJP for the favors it received then and now to pacify him.

    Chaiwala P.M has no wisdom to get back the crippling Indian Economy at all.
    He is a "Superb Orator" to give speeches on National Television to gain popularity!!!!.

    FEKU and his entire team has to practice(work) it what they have promised to show their "Wisdom"!!!!

    DisAgree [9] Agree [28] Reply Report Abuse

  • Sachidanand Shetty, Mundkur/Dubai

    Wed, Aug 27 2014

    Dear Vincent…. Pls do some homework with archive files to comments in appropriate columns. Here in this SC Judgment, specifically termed as “Tainted Minister”. Amit Shah & Yeddy, are they Minister in current Lok Sabha? Yeddy looted Bellary and gifted to Sushmaji!!!! Then what did Lad Brothers and DKS did in Bellary? What you call it when they donated Party & Family Trust Fund to Soniaji? Will it be termed as “Zakat”? You have objection when Indian Chaiwala became PM but don’t object when any Bar Girl became MP or Party Leader in India?

    DisAgree [27] Agree [11] Reply Report Abuse

  • Syed Kazi, Mangalore

    Wed, Aug 27 2014

    Shettare, better not to bring in words like Zakat-it has nothing to do with the current issue. before advising others, you should also follow the norm of not bringing irrelevant issue.. Why zakat word is itching to you-Better use ITCH GUARD instead of using on this forum. You are staying in Dubai and do not know the meaning of Zakat. Control your frustration.

    DisAgree [7] Agree [28] Reply Report Abuse

  • Amith, udupi

    Wed, Aug 27 2014

    Shettre dont bring religion in-between your stupid ideologies ..

    DisAgree [7] Agree [13] Report Abuse

  • Vincent Praveen Castelino, Pernal / Mumbai

    Wed, Aug 27 2014

    @ Sachidanand Shetty, Mundkur/Dubai

    With due respect to you and the voters who have given Mr. Humble Chaiwala a chance to rule/administer for 5 year term in reposing faith with absolute majority and which is absolutely a good sign in a "Democracy" like ours.

    The point which now we are discussing here is "Criminals/Tainted".!!!

    If you believe in Democracy sitting there miles away, then be open to accept what is "Right and Just" is "Always Right " and your "Hundred Lies" or "Wrongs" or "Excuses" cannot make the Wrong into the Right!!!.

    Where is the "Minimum Government" and "Maximum Governance"!!!!!

    Home Minister providing "Z Plus Security" to.....hope you are aware!!!

    56" Chest Chaiwala P.M has not taken any tangible-action on the "Continuous border firing" and the recent "Incursion by Chinese in to Indian territory"!!!!

    DisAgree [2] Agree [7] Reply Report Abuse

  • vellano1, Mumbai

    Wed, Aug 27 2014

    why only targetting Modi..?? SC said same about CM wisdom too!! why people like DKShi and Roshan baig and just Lad brothers, when almost similar allegations r there? Hasnt doraiswamy and rest of the anti corruption guy raised hue n cry about those ministers in the council?? ive amnesia is it?

    DisAgree [9] Agree [8] Reply Report Abuse

  • Roshan, Mangalore

    Wed, Aug 27 2014

    This SC judgement is expected on expected line and is correct as well. However, if the same SC respects descretion of PM, then why the same SC, questioned the CAG appointee who had no criminal case against him? The bottom line is you scratch my back and I will scratch yours. You save us and we will save you. With judicial bill hanging on judiciaries head, SC is sending a truce signal to the judiciary. period.

    DisAgree [5] Agree [11] Reply Report Abuse

  • Naiem , Uchila

    Wed, Aug 27 2014

    Present PM ....Wisdom ......hahahahahhahaha ......What a joke :))

    DisAgree [16] Agree [34] Reply Report Abuse

  • KGSHENOY, Mangalore

    Wed, Aug 27 2014

    Dear Naiem,
    I read the article again,and did'nt find anything amusing or a joke.

    DisAgree [31] Agree [15] Reply Report Abuse

  • Naiem , Uchila

    Wed, Aug 27 2014

    Shenoy Sir..

    If you didnt get the joke even after reading the article ....i dont think my explaining will help !

    DisAgree [13] Agree [33] Reply Report Abuse

  • Krishna, Mangalore

    Wed, Aug 27 2014

    Please read it again. Congratulations to the criminal cabinet of MODI. It will not reach your inner brain/heart so easily...

    DisAgree [8] Agree [25] Reply Report Abuse

  • S.M. Nawaz Kukkikatte, Dubai

    Wed, Aug 27 2014


    Dear KGSHENOY
    simply logic
    "MODIfying" the same way he sacked VAJPAYE, ADVANI from the BJP parliamentary Board.
    anybody can "IN" & anybody can "OUT" because it is "MODI wisdom"

    DisAgree [9] Agree [21] Report Abuse

  • Sachidanand Shetty, Mundkur/Dubai

    Wed, Aug 27 2014

    Dear Shenoy Sir, don’t react when few intellectual people writes their comments…. Rather you can ignore to read it also…. Because we know the masala in their comments before reading it……

    DisAgree [17] Agree [8] Reply Report Abuse

  • Syed Kazi, Mangalore

    Wed, Aug 27 2014

    Shettare,,When you are advising others not to react, then why did you reacted with frustration with the word ZAKAT for the comments of Vincent Praveen..

    Good joke shettare, you can do it others can not do it !!!!!!!!!!

    DisAgree [6] Agree [22] Report Abuse

  • prem, moodbidri

    Wed, Aug 27 2014

    Dear Shenoy Sir, pls don't react to Fekus commenting from Dubai.

    DisAgree [1] Agree [4] Reply Report Abuse

  • Sachidanand Shetty, Mundkur/Dubai

    Wed, Aug 27 2014

    Naiem Saab, now you feel or see it as joke!!!! But might be you were mourning when MMS sitting next to SG in previous Government!!! We know it will take some time to come to terms for people like you but what to do it’s very unfortunate and shocking for people like you

    DisAgree [12] Agree [7] Reply Report Abuse

  • Naiem , Uchila

    Wed, Aug 27 2014

    Shettre , When did i say ou last PM MMS had wisdom ..he wa great economist .....Who helped revive Indian economy after the 90's ...

    What is the exact contribution of present PM ?? Riots / Fake encounters / Supporting rioters by providing Z security / Fekku speeches ?? please explain ..

    Thats why i laughed when present PM & Wisdom was used in same lines !

    By the way longtime Shettre ..Vool Ittar ???

    DisAgree [3] Agree [11] Reply Report Abuse

  • jeevan, mangalore

    Wed, Aug 27 2014

    It means SC wont act against Italian waitress & Co..

    DisAgree [33] Agree [13] Reply Report Abuse

  • Harish Hegde, Mangalore/Aramco

    Wed, Aug 27 2014

    jeevan, mangalore it seem's something wrong without your tiny brain...
    The Supreme Court today refused to disqualify ministers with criminal cases, leaving the decision to the "Prime Minister's wisdom", but made the point that those involved in offences of moral turpitude and corruption should not be ministers. Jeveen, SC is talking about present situation and i guess they know it well how many criminals are ministers so they are hinting PM indirectly to take an action.

    DisAgree [6] Agree [24] Reply Report Abuse

  • Venugopal, Bangalore

    Wed, Aug 27 2014

    Suppose you have a PM who has a criminal background who will take action ?

    When one gets elected as an MP one is eligible to be a Minister or PM. So why only ion of Ministers under scrutiny ? why not PM too ? Whose wisdom is needed to decide to make a member of Parliament a PM or not ? Chief Justice ?

    DisAgree [1] Agree [20] Reply Report Abuse

  • prem, moodbidri

    Wed, Aug 27 2014

    Iranian waitress is holding Yale degree, so she can carry on with HRD ministry.

    DisAgree [5] Agree [17] Reply Report Abuse

  • john mathias, kinnigoli

    Wed, Aug 27 2014

    criminals should be barred from contesting the election.

    DisAgree [1] Agree [38] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Aug 27 2014

    Today entire India is suffering because of Chai Wallas Wisdom ...

    DisAgree [17] Agree [47] Reply Report Abuse

  • KGSHENOY, Mangalore

    Wed, Aug 27 2014

    Jossey,
    Will you please tell the readers of Daiji,which way your life style has been disturbed after the NDA government sworn in.?

    DisAgree [26] Agree [15] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Aug 27 2014

    KGSHENOY, Every Tom, Dick and Harry wants to make money doing FEKUGIRI ...

    DisAgree [13] Agree [37] Reply Report Abuse

  • prem, moodbidri

    Wed, Aug 27 2014

    As per BSF, the firing done from Pakistan across border in this month, was highest level in last 50 years!
    They don't fear FEKU!

    DisAgree [1] Agree [14] Reply Report Abuse


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Title: SC refuses to disqualify ministers with criminal charges, leaves it to 'PM's wisdom'



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