A Top Court Constitution Bench is hearing arguments on whether Cabinet Ministers at both the Central & State levels should have a “voluntary model code of conduct” which addresses their private & public activities.
The submissions about such a code were made before the 5-Judge Bench led by Justice Arun Mishra, which is examining if “greater restrictions” should be imposed on the right of free speech & expression of high public functionaries to protect the citizen’s fundamental right to lead a dignified life.
Two petitions
The question was raised after family members of the Bulandshahr rape case victim complained about Ex-Uttar Pradesh Minister Azam Khan’s public statements that the rape case was part of a political conspiracy against the then Akhilesh Yadav Govt. The Bench is also hearing a separate plea filed by a Kerala-based man, Joseph Shine, represented by Senior Advocate Kaleeswaram Raj, about the public comments made by State Minister M.M. Mani.
Both Attorney General K.K. Venugopal & Mr. Raj, who are assisting the Constitution Bench, were against introducing additional restrictions.
Mr. Venugopal argued that the Supreme Court has taken a consistent stand in the past against invocation of any further restrictions on the free speech of citizens, & public men are no exception.
Mr. Raj asked the court to direct the Govt. to frame the code of conduct for Cabinet Ministers.
“The code of conduct should reflect constitutional morality & values of good governance. The acts of the persons holding public offices can be thus subjected to better & meaningful public scrutiny, which in turn would ensure democratic accountability" Mr Raj argued before the Bench.
Raj said the Union Ministry of Home Affairs has already a code of conduct for Ministers, which essentially is concerned about financial discipline.
The Senior Advocate argued that “Nothing is emanating from the code which addresses the private & public activities of the Ministers in general. This is too narrow & inadequate".
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