The time has come for Parliament to prescribe some minimum qualifications for Parliamentarians/Legislators as prescribed in other fields, the Supreme Court observed on Wednesday.
Justice Madan Lokur, in his separate but concurring judgment on the PIL filed in 2005 seeking removal of tainted Ministers, recalled the words of the first President, Dr. Rajendra Prasad, in the Constituent Assembly that he would have liked to have some qualifications laid down for Members of Legislatures.
“The offences and the sentence to be awarded for the purpose of disqualifying a person from being elected to a Legislature are matters that Parliament may like to debate and consider, if at all it is felt necessary. Until then, we must trust the watchful eye of the people of the country that the elected representative of the people is worthy of being a legislator. Thereafter, we must trust the wisdom of the Prime Minister and Parliament that the elected representative is worthy of being a Minister in the Central Government,” the court said.
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Justice Kurian Joseph, in his concurring judgment, wondered whether it would be desirable in a country governed by the rule of law to entrust the executive power with a person who was already in conflict with law. He asked, “Will any reasonably prudent master leave the keys of his chest with a servant whose integrity is doubted? It may not be altogether irrelevant to note that a person even of doubtful integrity is not appointed in the important organ of the State which interprets law and administers justice, then why to speak of questioned integrity! What to say more, a candidate involved in any criminal case and facing trial, is not appointed in any civil service because of the alleged criminal antecedents, until acquitted.”
“No doubt, it is not for the court to issue any direction to the Prime Minister or the Chief Minister, as the case may be, as to the manner in which they should exercise their power while selecting the colleagues in the Council of Ministers,” Justice Joseph said.