Should the bill to debar charge-sheeted ministers be implemented?

Should the bill to debar charge-sheeted ministers be implemented?

Introduction

With the recent judgement from Supreme Court against the PIL filed by Manoj Narula to disqualify the ministers appointed with the serious criminal and corruption charges framed at the trial court, carrying more than two years imprisonment; the public is keeping a close watch on the move of the PM. It is the high time when ‘Achche Din’ by Modi is expected to be implemented in practical form. Modi has to tighten up to clean his own party before raising fingers on others. Supreme Court has read out the Constitution in its actual words refusing to disqualify the Ministers. Now the ball is in the PM’s court. Can we say that the corrupt mantris would not be contesting elections anymore. Is it correct to say bill to debar charge-sheeted ministers should be implemented?

Yes

- A person framed for an offense in any trial court is presumable to be culpable. Such a person who is called upon to face trial on the court cannot be either desirable or an eligible candidate to deliver his duties beyond suspicion.

- Charges framed against a person clouds his innocence. When we don’t rely on such people to enter some important jobs like civil services, then how can we let these people to rule and govern us with all their self-consciousness?

- A person’s integrity becomes questionable with framed charges. Though not convicted, still the trust factor goes missing from that person.

- The debarring should be for the life-term for the person being framed with charges. Though the person gets a clean chit from the court, still the person’s ability, honesty and integrity remains under suspicion. And we cannot afford to have even the minute fraction of doubt for such a high designation of governing bodies.

No

- Under Criminal Jurisprudence, a person is presumed to be innocent until he is convicted. So, we cannot debar anyone just on the basis of doubtful acquisitions.

- Clouding of the innocence doesn’t make a person guilty and accused. Suspecting the integrity of a person just on the basis of framed acquisitions before conviction should not be honoured to disqualify or debar the candidate.

- We need to be more conversant with the Constitution. Justice Mishra has clearly established that “the apex court could not insert an additional disqualification into Article 75 (1), related to appointment of Ministers in the Centre, and Article 164 (1) pertaining to Council Of Ministers in the states”. We cannot stand by a bill which goes against a person who is not yet declared a culprit before law and hence cannot be debarred or disqualified under our Constitution. Just relying on a single person / authority of the PM or CM to head on a decision without any documented basis, would be a mere injustice to that person concerned.

- The bill states that the person should not be framed with any charges 180 days before the filing or the nominations for the elections. A planned motive to debar a candidate can ruin the public life of a person, and as the citizens we might lose a good leader due to the falsely framed charge-sheet.

- The bill quotes to debar a candidate for a period of 13 years. Isn’t it incorrect on the moral and humanitarian grounds to debar or disqualify a candidate who has got a clean chit from the court and proven innocent before the law? We should not punish an innocent person just on the basis of false acquisitions.

Conclusion

Since we are discussing some important designations who hold the authority of governing the nation and its citizens, we cannot afford to have any loopholes to create panic across the country. The person, who is framed with the charges once, gets into the circle of suspicion and his moral integrity becomes questionable. We cannot permit even a ray of suspicion to enter these high authorities within our governing bodies. A perfect question asked by the Justice Joseph “Will any reasonably prudent master leave the keys of his chest with a servant whose integrity is doubted?” Then how can we hand over the duties and responsibilities of our country to such a person? Thus, it is very much acceptable to get the bill implemented to debar or disqualify the candidate with framed charges, and better if the term for debarring is extended to lifetime.