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Supreme Court says it trusts PM Narendra Modi to keep criminal representatives away

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The Supreme Court on Wednesday emphasised that the chief minister and the prime minister are a "repository of Constitutional trust" and must therefore take prudent decisions while selecting elected representatives to serve as ministers.

A five-judge bench headed by Chief Justice RM Lodha advised the chief ministers and the prime minister not to appoint as ministers those against whom charges have been framed in criminal and corruption cases. Their judgment came in a nine-year-old public interest litigation that has asked the apex court to declare as disqualified ministers with criminal antecedents. But the SC bench said that it is for the legislature to pass a law on restricting people with criminal antecedents from becoming ministers. The bench said that those who framed the Constitution left many a thing unwritten by reposing immense trust in the prime minister, who is expected to act with constitutional responsibility.

The bench reiterated that it can be legitimately expected from the prime minister not to induct "unwarranted elements" in his Council of Ministers as they "hinder the canons of constitutional morality or principles of good governance and eventually diminish the constitutional trust".

"While interpreting Article 75(1), definitely a disqualification cannot be added. However, it can always be legitimately expected, regard being had to the role of a Minister in the Council of Ministers and keeping in view the sanctity of oath he takes, the Prime Minister, while living up to the trust reposed in him, would consider not choosing a person with criminal antecedents against whom charges have been framed for heinous or serious criminal offences or charges of corruption to become a Minister of the Council of Ministers."

The other judges on the bench were justices Dipak Misra, Madan B Lokur, Kurian Joseph and SA Bobde. Expressing concern over prevalence of corruption, the more than 120-page judgment stated: "Corruption has the potentiality to destroy many a progressive aspect, and it has acted as the formidable enemy of the nation... Criminalisation of politics creates a dent in the marrows of the nation."

In July 2012, apex court had ruled that any Member of Parliament, Legislative Assembly or Legislative Council who is convicted of a crime with more than two year sentence, will be disqualified as on the date of conviction. Furthermore, Section 8(4) of the Representation of the People Act, which allowed elected representatives three months to appeal their conviction, was also declared unconstitutional by a bench of justices AK Patnaik and SJ Mukhopadhaya.

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