In a historic verdict, the Supreme Court today advised the Prime Minister and Chief Ministers not to include charge sheeted persons facing trial for offences involving moral turpitude in their Cabinet.

The SC said that the PM and the CMs should take the decision themselves as there was no limitation or restriction in the Constitution which debars any Member of Parliament or Legislative Assembly being included in the Cabinet.

While passing the verdict, a five-judge Constitution Bench headed by the Chief Justice of India R.M. Lodha said since Prime Minister is the trustee of the Constitution he was expected to act in accordance with constitutional propriety and not appoint unwarranted persons as Ministers.

Justice Dipak Misra writing the judgment said "Article 75 of the Constitution does not contain any limitation as to who can or cannot be included in the Council of Ministers" and hence no new disqualification could be added to prevent charge sheeted persons from being appointed as Ministers."

The Bench remarked that the inclusion of criminals in politics destroyed people's faith in democracy and persons, howsoever, high he/she might be could not be exempted from equal treatment. It said constitutional morality, good governance and constitutional trust expected good sense from the Prime Minister.

The Bench asked "whether a person who has come in conflict with law would be in a position to conscientiously discharge his functions as Minister when his integrity is questioned and whether a person with doubtful integrity can be given the responsibility."

The Bench delivered the verdict while hearing a PIL filed in 2005 by Manoj Narula seeking removal of the then four chargesheeted Ministers - Lalu Prasad, Mohammed Taslimuddin, M.A.A. Fatmi and Jai Prakash Yadav from the Congress-led UPA government's Cabinet at the Centre.