New Delhi: The Constitution does not contain a convention that a minister accused of a serious offence should resign, the Centre told the Supreme Court on Tuesday.
A convention that a minister must resign after being charged with an offence cannot be assumed but has to be established, Solicitor General G E Vahanvat told the court that was hearing a public interest litigation against “tainted” MPs being given berth in the Union Cabinet.
Senior lawyer Rakesh Dwivedi, who is amicus curiae in the case, had asked whether there is a Constitutional convention that ministers charged with serious offence should resign.
Vahanvat replied that conventions have to emanate from the Constitution and cannot be enforced by courts. A convention that tainted minister should resign cannot be assumed but has to be established.
Dwivedi said there should be a clear convention that a person should not continue as minister on being chargesheeted. He gave an instance of the Chief Minister of a state who resigned when he was to face trial in criminal case but later became a minister at Centre.
Similarly Parkash Singh Badal recently assumed the office of Punjab Chief Minister despite the apex court refusing to stay his prosecution in criminal case, he said.
The PIL filed by Manoj Narula had said that the ministers being required to carry out important Constitutional functions should be of impeccable integrity.
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