 bill no  xxxiv of  2004 the  constitution  (amendment)  bill,  2004 a bill further to amend the constitution of indiabe it enacted by parliament in the fifty-fifth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2004(2) it shall come into force with immediate effectshorte title, and commencement amendment of article 7552  to clause (1) of article 75 of the constitution, the following provisos, shall be added, namely:—10"provided that a person shall be disqualified for being appointed as the prime minister, or a minister if he stands charged by a competent court of law with any criminal offence under any criminal law for the time being in force the conviction on which charge disqualifies a person from being a member of either house of parliament under article 102 of this constitution:provided further that notwithstanding anything in article 74, if the president is satisfied that a minister in the council of ministers stands charged by a competent court of law with any criminal offence under any criminal law for the time being in force, he may drop such a minister from the council of ministers forthwitha m e n d m e n t of article 1643 in article 164 of the constitution, in clause (1) after the existing proviso, the following provisos shall be inserted, namely:—5"provided further that a person shall be disqualified for being appointed as the chief minister, or a minister if he stands charged by a competent court of law with any criminal offence under  any criminal law for the time being in force, the conviction on which charge disqualifies a person from being a member of the legislature of a state under article 191 of this constitution:10provided also that notwithstanding anything in article 163 if the governor is satisfied that a minister in the council of ministers stands charged by a competent court of law with any criminal offence under any criminal law for the time being in force, he may drop such a minister from the council of ministers forthwith statement of  objects  and reasonsthe council of ministers at the union and state levels are the highest executive bodies who run the affairs of the nation it is all the more necessary that in order to provide clean and corruption free administration the ministers should have clean and honest image but, unfortunately, persons with criminal background have recently occupied ministerial posts both at the central and the state levels recently, parliament was rocked by the issue of induction of the tainted ministers in the union council of ministers when it was found that persons who have been chargesheeted in the courts for heinous offences like murders, kidnapping, rape, extortion, etc have been appointed ministers this is the climax of criminalisation of politics hence it has become necessary that if a competent court of law frames a criminal charge against a persons, the person concerned should be disqualified for being a minister till he is acquitted by the court this will uphold the prestige and credibility of the council of ministers and restore the respect for ethical and moral values in our polityhence this billalladi p rajkumar annexure extracts from the constitution of india(part v—the union—arts 75, 76)75 (1) the prime minister shall be appointed by the president and the other ministers shall be appointed by the president on the advice of the prime ministerother provisions as to ministers    other provisions as to ministers164 (1) the chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor:provided that in the states of bihar, madhya pradesh and orissa, there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work     rajya   sabha———— a billfurther to amend the constitution of india————(dr alladi p rajkumar, mp)mgipmrnd—5394rs(s-1)—17-02-2006