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Manoj Narula v. Union Of India & Others

Manoj Narula v. Union Of India & Others

(Supreme Court Of India)

Writ Petition (Civil) No. 289 Of 2005 | 24-03-2006

A point of great public importance has been raised in this petition. Broadly, the point is about the legality of the persons with criminal background and/or charged with offences involving moral turpitude being appointed as ministers in Central and State Governments.We have heard in brief Mr.Rakesh Dwivedi, learned senior counsel who was appointed as amicus curiae to assist the Court, as also the learned Solicitor General, appearing for the Union of India, and Mr.Gopal Subramaniam, learned Additional Solicitor General appearing on behalf of the Attorney General for India. Having regard to the magnitude of the problem and its vital importance, it is but proper that the petition is heard by a Bench of five Judges.

We issue notice to Union of India. Formal notice need not be issued since the Union of India is represented by learned Solicitor General.

Notices shall also be issued to the Advocates General of all the States. The notice shall state that the State Governments and the Union of India may file their affidavits along with relevant material within four weeks of service of notice.

The Prime Minister and some of the Ministers in Union Cabinet have been arrayed as party respondents 2 to 7. It is not necessary to implead individual ministers and/or Prime Minister for deciding the question above-named. Accordingly, respondent Nos.2 to 7 are deleted from the array of parties.

List the case after the Court reopens after the summer vacation for directions as to fixing a date for its being placed before the Constitution Bench.

Advocate List
  • For the Appearing Parties Rakesh Dwivedi, Sr.Adv. (A.C.), Niranjana Singh, Gaurav Liberhan, Piyush Kumar, Anil Kumar Jha, Vijyndera Mishra, Binay Kumar Das, R.K.Sharma, A.K. Sharma, Samarendra Kumar, Santosh Sethi, Gopal Subramaniam, A.S.G., Gaurav Agrawal, Dayan Krishnan, Goolam E. Vahanvati, S.G., R.M. Sharma, P. Parmeswaran, Advocates.
Bench
  • HON'BLE CHIEF JUSTICE MR. Y.K. SABHARWAL
  • HON'BLE MR. JUSTICE C.K. THAKKER
Eq Citations
  • (2014) 9 SCC 77
  • LQ/SC/2006/265
Head Note

Constitution and Citizenship — Fundamental Rights — Equality before law — Appointment of persons with criminal background and/or charged with offences involving moral turpitude as ministers — Challenge to — Held, question of great public importance — Notice issued to Union of India and Advocates General of all States — However, Prime Minister and some of the Ministers in Union Cabinet arrayed as party respondents 2 to 7 deleted from array of parties — Petition to be heard by Constitution Bench