The Supreme Court today refused to prescribe disqualification of ministers against whom criminal and corruption charges have been framed but said, Prime Minister and Chief Ministers should not consider people with criminal antecedents and against whom charges have been framed in serious offences, including corruption, for appointment as ministers.
A five-judge Constitution bench headed by Chief Justice R M Lodha, however, left it to the wisdom of the Prime Minister and Chief Ministers not to recommend such names to the President and Governor.
It further said that the Constitution reposes immense trust in the Prime Minister and Chief Ministers and they are expected to act with constitutional responsibility and morality.
The Bench said, the Prime Minister has been regarded repository of constitutional trust and he should act in national interest.
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 Centre had argued that removing ministers is against the Constitutional prerogative of Parliament and the will of the people.
It had said once a person is an MP, he is entitled to be in the council of ministers, if the Prime Minister decides.