A clause of the Constitution clearly and unambiguously discouraging the Prime Minister of India and the Chief Ministers of the States from inducting persons with criminal antecedents into their Cabinets, has generally been flouted to the detriment of common masses of people. Had the previous Prime Ministers and Chief Ministers strictly acted upon the guidelines provided in the Constitution, the stage would never have come when we are known as one of the leading countries in the world where corruption is rampant. The persons, who have been nominated to be the part of the Council of Minister, have taken an oath of performing their duty without fear or favour and in accordance with the law of the land. Legally and theoretically speaking, they have performed their role even if it was not conforming to their tastes. Secondly, constituting corruption free Council of Ministers has been the long cherished dream of nationalists, who feel that induction of tainted Ministers in the Council of Ministers is negation of all efforts for eradication of corruption in the administrative structure of the country.
BJP itself had advocated war on corruption. It had also pinned some hope in the anti-corruption movement that gained ground in the country months prior to the election for the Union Parliament. Although the previous Government also had done some lip-service to anti-corruption campaign, yet in practice it only went on struggling with legalities and theoretical debates never reaching the practical possibilities of overcoming the social aberration. Our experience tells us that corruption and aberration in society begin with corrupt and criminal Ministers who hoodwink their voters. They pose as honest representatives of the people but when they reach the seat of power, they come out in their true colours. As Ministers it is easy for them to create network of their supporters whose unity does not emanate from commonality of thinking in terms of the good of the nation but in selfish or vested interests where they misuse their authority and power.
Concerned about the factors that would undermine the constitutional provision and the functioning of democracy in the country, the Supreme Court, in a rare gesture, has advised the Prime Minister and the Chief Ministers of the State to desist from inducting such persons into their Council of Ministers as have had involvement in criminal cases or have been indicted for corruption. This advice has come at a time when the Government itself is deeply committed to uprooting corruption and criminality among all ranks in the administrative structure, nay among the society itself. The Supreme Court has very rightly invoked the provision of the Constitution which empowers the Prime Minister and the Chief Ministers of the States to make the selection of their Council of Ministers according to their choice. While doing so, the Prime Minister and the Chief Minister have to remember that they have taken the oath of office which enjoins upon them to perform their duty without fear or favour. The Prime Minister holds enormous responsibilities of being the custodian of moral values of the nation. The nation never expects from him or from the Chief Ministers of the States that they will induct tainted persons into their cabinet and thus disappoint the nation on a very important issue.
In a 123-page judgment, the Supreme Court Bench said that it does not pass any remark on disqualification of tainted Ministers because that is not within their powers as laid down in the constitution. Only the Parliament has the powers to pass a law about disqualification of any tainted Minister. But what it would like to endorse is the aspect of trust reposed by the nation in the Prime Minister and the State Chief Minister to do the right and desist from doing the wrong. Although the Constitution does not provide authority to the Supreme Court about disqualifying a Minister for his or her negative activities that would be detrimental to the interest of the nation, yet by virtue of responsibilities that devolve on the shoulders of the Prime Minister and the Chief Ministers, the primary objective is that the trust of the nation should not be tampered with.
We highly appreciate the constructive and nationalist approach of the Supreme Court in making timely contribution to restoration of moral values of the administrative machinery, which also means infusing the civil society with the hope of reforming entire gamut of administration so that good governance is translated from theory into practice. When the Prime Minister refuses to induct a tainted person into his ministry, it sends a very healthy message to the nation. People at lower echelons of administration and down the line everybody is alerted and imbibes the spirit of India minus corruption and bribery. The new Government is committed to respecting the judiciary as it is the instrument of strengthening our democratic arrangement.
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