In a judgment delivered today, a Constitution Bench of the Supreme Court has declined to intrude into the executive domain of Cabinet selections..The ruling came in a Public Interest Litigation filed by one Manoj Nerula in 2005 that sought to disqualify people with criminal antecedents from being a part of Cabinet..The Bench comprised of Chief Justice RM Lodha, Justice Dipak Misra, Justice Madan B Lokur, Justice Kurian Joseph and Justice SA Bobde, with three concurring judgments delivered. While holding that a democratic polity is abhorrent to corruption at the highest level, the court expressed hope that the Prime Minister and Chief Ministers would avoid inducting individuals with criminal antecedents into the Council of Ministers..Senior Advocates K Parasaran, Rakesh Dwivedi and TR Andhyarujina had appeared as amicus curiae in the case while former ASG Paras Kuhad had represented the Central government..Nerula had first filed the petition in 2004 but it was dismissed as premature on the ground that the Parliament was already debating the issue. Subsequently, his review petition was also dismissed. He had re-agitated the matter in 2005 and a Bench comprising then Chief Justice RC Lahoti and Justice PK Balasubramanyan had referred the matter to a Constitution Bench..The arguments in the case primarily revolved around whether the Supreme Court can exercise judicial review over the Prime Minister’s choice of Cabinet ministers and direct removal of ministers with criminal backgrounds.
In a judgment delivered today, a Constitution Bench of the Supreme Court has declined to intrude into the executive domain of Cabinet selections..The ruling came in a Public Interest Litigation filed by one Manoj Nerula in 2005 that sought to disqualify people with criminal antecedents from being a part of Cabinet..The Bench comprised of Chief Justice RM Lodha, Justice Dipak Misra, Justice Madan B Lokur, Justice Kurian Joseph and Justice SA Bobde, with three concurring judgments delivered. While holding that a democratic polity is abhorrent to corruption at the highest level, the court expressed hope that the Prime Minister and Chief Ministers would avoid inducting individuals with criminal antecedents into the Council of Ministers..Senior Advocates K Parasaran, Rakesh Dwivedi and TR Andhyarujina had appeared as amicus curiae in the case while former ASG Paras Kuhad had represented the Central government..Nerula had first filed the petition in 2004 but it was dismissed as premature on the ground that the Parliament was already debating the issue. Subsequently, his review petition was also dismissed. He had re-agitated the matter in 2005 and a Bench comprising then Chief Justice RC Lahoti and Justice PK Balasubramanyan had referred the matter to a Constitution Bench..The arguments in the case primarily revolved around whether the Supreme Court can exercise judicial review over the Prime Minister’s choice of Cabinet ministers and direct removal of ministers with criminal backgrounds.
