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Manoj Narula v. Union of India

Writ Petition (Civil) · Neutral citation not assigned (Writ Petition (Civil) No. 289 of 2005)Decided 27 Aug 2014
Writ Petition (Civil) No. 289 of 2005
Chief Justice R.M. Lodha · Justice Dipak Misra · Justice Madan B. Lokur · Justice Kurian Joseph · Justice S.A. Bobde

Background

Manoj Narula brought a public-interest petition questioning the appointment of people facing serious criminal allegations as ministers. A five-judge Constitution Bench considered whether the Constitution allowed the Court to prohibit such appointments to Union and State governments.

Decision Breakdown

The Court declined to add a new disqualification barring ministerial appointments merely because criminal charges had been framed. The leading opinion nevertheless said that the Prime Minister and Chief Ministers were constitutionally expected to consider avoiding people facing court-framed charges for serious offences or corruption when choosing ministers. The choice remained with those leaders, subject to existing legal disqualifications, and the petition was disposed of without a binding additional ban. Justice Lokur separately emphasised Parliament's role in changing disqualification law and public scrutiny, while Justice Kurian Joseph agreed that leaders should be reminded of their responsibility to choose suitable ministers.

Lesson Learnt

A pending criminal case and a legal disqualification from office are different things. Citizens can demand accountable ministerial choices, but this judgment did not make every accusation or court-framed charge an automatic bar to appointment.

Official source (sci.gov.in)View Judgment (PDF)

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