SC discusses ‘voluntary code of conduct’ for Cabinet Ministers

Why in news?
  • A 5-judge Constitution Bench of SC led by Justice Arun Mishra is hearing arguments on whether Central and State level Cabinet Ministers should have a “voluntary model code of conduct” which addresses their private & public activities.
More in news
  • Bench Examinining: if “greater restrictions” should be imposed on the right of free speech and expression of high public functionaries to protect the citizen’s fundamental right to lead a dignified life.
  • Two petitions
(1) Question was framed after family members of the Bulandshahr rape case victim complained about former Uttar Pradesh Minister’s public statements that the rape case was part of a political conspiracy against the then Akhilesh Yadav govt.
(2) Bench is also hearing a separate petition filed by a Kerala ­based man, about the public comments made by a State Minister.
  • Arguments against introducing any additional restrictions by Attorney General K.K. Venugopal and a senior lawyer assisting the bench:
(1) SC has taken a consistent stand in past against invocation of any further restrictions on free speech of citizens, & public men are no exception.
(2) Court should direct the government to frame code of conduct for Cabinet Ministers, with the Cabinet head ensuring a collective responsibility for activities of the individual Ministers.
(3) Code of conduct should reflect constitutional morality & values of good governance. The acts of persons holding public offices can be thus subjected to better & meaningful public scrutiny.
(4) MHA already has a code of conduct for Ministers, essentially concerned with financial discipline.
(5) The code which addresses the private & public activities of Ministers in general is too narrow & inadequate.
Sources
The Hindu




Posted by Jawwad Kazi on 18th Nov 2019