A five judge bench headed by Chief Justice of India Justice RM Lodha will deliver the verdict
The Supreme Court today refused to disqualify ministers with criminal cases, leaving the decision to the "Prime Minister's wisdom", but made the point that those involved in serious offences should not be ministers.
"Corruption is an enemy of the nation. As a trustee of the Constitution, the PM is expected not to appoint unwarranted persons as ministers, no disqualification can be prescribed," a Constitution bench of the country's five senior most judges said.
"It is expected that the PM will not appoint persons against whom charges have been framed and he is facing trial. We leave it to the PM and Chief Ministers," the judges ruled on a 10-year-old petition that sought the removal of charge-sheeted ministers from the UPA government at the time.
The petition was dismissed in 2004 when the court said interfering would be "premature" as the issue of ministers with criminal cases was being debated in Parliament.
The Centre had argued that the dismissal of ministers would be against the Constitutional prerogative of the PM and the will of the people, and that "once a person is an MP, he is entitled to be in the council of ministers."
The court today accepted the argument, but also said the "Constitution reposes immense trust in the PM and Chief Ministers and they are expected to act with responsibility and with constitutional morality."
Prime Minister Narendra Modi's cabinet has 14 ministers with police cases, but today's comments have a bearing on them only if charges have been framed by a court.
The Election Commission has repeatedly said candidates with a criminal past should be barred from contesting elections and called for a law.
Last year, the Supreme Court ruled that elected lawmakers will stand disqualified if convicted by a court and sentenced to two years of imprisonment or more.