A year after the Supreme Court sought the views of the Centre and state governments on the controversial issue of appointment of tainted persons as ministers, six of them — UP, Maharashtra, Rajasthan, Orissa, Kerala and Tamil Nadu — have failed to respond.A Bench, headed by Chief Justice of India K G Balakrishnan, on Wednesday granted them another opportunity to file their response on the issue.The order seeking their reply was issued on February 19, 2007 in response to a petition filed by Manoj Narula who had challenged the induction of tainted ministers in the present Council of Ministers. The petition has already been referred to the five-judge Constitution Bench, which will deliberate on questions raised by senior advocate Rakesh Dwivedi, who is assisting the court as amicus curiae in the matter.Important questions of constitutional law which have been drafted by Dwivedi for judicial scrutiny included whether the oath of office subscribed by the President and Prime Minister by necessary implication oblige them not to appoint chargesheeted persons as ministers. Another contention raised was whether the Prime Minister and Chief Minister’s discretion to appoint ministers put fetters on courts.This prevented courts from emphasising that fitness to office and eliminating those charged with crimes amounting to moral turpitude be not appointed as ministers in the interest of democracy.
