its a moot problem ....
Querist :
Anonymous
(Querist) 08 January 2010
This query is : Resolved
1. a minister who is given the charge of a union ministry is found guilty by the CBI under section 13(1)(d) of the prevention of corruption act 1988.
2. section 19 of the same act requires a prior sanction of the central govt for the same , however, the president acting on the advice of the council of ministers , rejects the sanction and prosecution cannot take off.
my queries are :
whether section 19 is unconstitutional as it violates article 14?
and how can such an issue effectively be addressed to.......
Raj Kumar Makkad
(Expert) 09 January 2010
If any section has been inserted in law, how can it be termed as unconstitutional?
There is no way but to get prior sanction n the given case and if one is dissatisfied with the order of the President, he may try to sue such person before HC or SC but the same thing shall come there but let you try for that.
Querist :
Anonymous
(Querist) 09 January 2010
sir,
if i can prove on facts that the president has not applied his independent mind in according the sanction which is one of the prime requirements ......will it help my cause .....???
article 74 clearly states that the president is to act on the advice rendered by the council of ministers ......
