NO PARLIAMENTARY IMMUNITY FOR TAKING BRIBES: SUPREME COURT (SC) | Current Affairs | Vision IAS
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Posted 15 Apr 2024

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NO PARLIAMENTARY IMMUNITY FOR TAKING BRIBES: SUPREME COURT (SC)

  • In Sita Soren v. Union of India (2024), a seven-judge constitution bench of the SC overruled its 1998 judgment in the PV Narasimha Rao case. 
    • In current judgement the SC said that Legislators cannot claim immunity from prosecution for taking bribes for speech/vote in the house: 
  • Key highlights of Judgement: 
    • Bribery is not immune: MPs/MLAs accused of taking bribes cannot claim any immunity from prosecution under Articles 105 and 194 of the Constitution. 
      • Article 105 (2) confers on MPs immunity from prosecution in respect of anything said or any vote given by them in Parliament or on any parliamentary committee.
      • Article 194(2) grants similar protection to MLAs.
    • Two-fold test: Assertion of a privilege by an individual MP/MLA would be governed by a twofold test: 
      • privilege claimed has to be connected to collective functioning of the House, and 
      • its necessity must bear a functional relationship to the discharge of essential duties of a legislator. 
  • Jurisdiction of criminal court: Criminal courts are not excluded from hearing bribery cases against legislators merely because it may also be treated by the House as contempt or a breach of its privilege. 
  • Scope of parliamentary privileges: Purpose of parliamentary privilege to provide legislators platform to “speak” and “vote” without fear is equally applicable to:
    • elections to the Rajya Sabha and 
    • elections for the President and Vice President.

PV Narasimha Rao vs State (CBI/SPE), 1998

  • In the case, allegations had arisen that legislators of Jharkhand Mukti Morcha had accepted bribes to vote in favour of the government during a no-confidence motion in 1993.
  • In a 3:2 majority judgment, a five-judge SC Bench held that legislators enjoy immunity from criminal prosecution for bribery as per Article 105(2) and Article 194(2) of the Constitution. 
  • Tags :
  • Corruption
  • Sita Soren v. Union of India

‘NITI FOR STATES’ PLATFORM

  • Government has launched the ‘NITI for States’ platform
    • It is a comprehensive digital initiative designed to empower States/UTs in their pursuit of national development goals. 
  • Key Features of Platform:
    • It offers a centralised repository of valuable resources, including best practices, policy documents, datasets, and NITI Aayog publications.
    • Multilingual: It will be available in 22 major Indian languages and 7 foreign languages.
    • Capacity Building: Tailored digital training modules for officials at various levels (block, district, and state).
    • Expert Help: Specialized guidance through partnerships with leading institutions to address specific challenges.
  • Tags :
  • National Development

TRIPARTITE AGREEMENT IN TRIPURA

  • Government of India, Government of Tripura, and The Indigenous Progressive Regional Alliance (TIPRA) & and other stakeholders signed a tripartite agreement.
  • Agreement aims to amicably resolve all issues of indigenous people of Tripura relating to history, land and political rights, economic development, identity, culture, and language.
  • It will also constitute a Joint Working Group/ Committee to implement mutually agreed points and directs all stakeholders to refrain from resorting to any form of protest/agitation. 
  • Tags :
  • The Indigenous Progressive Regional Alliance (TIPRA)

DIGITAL CRIMINAL CASE MANAGEMENT SYSTEM (CCMS)

  • Ministry of Home Affairs (MHA) launches unique Digital CCMS Platform.
  • Newly developed Digital CCMS was designed by National Investigation Agency (NIA).
    • It is a user-friendly and easy-to-deploy, customizable, browser-based software to help State Police forces in their investigations and prosecution.
  • Significance of Digital CCMS: 
    • Enable NIA personnel to better coordinate in terrorism and organized crime cases, thereby improving justice delivery.
    • Help State Police forces organise, integrate and digitalise data generated during investigations, such as case documents, extracted data, collected evidence, and charge-sheets presented to court.
    • Foster stronger cooperation between central and state agencies including Anti-Terror Squads of State Police. 
    • Bring standardisation into investigations, streamline compilation of terror-related data, improves conviction rates in sensitive and complex cases across country.
    • Assist NIA and State Police forces’ preparedness to implement new Criminal laws such as Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakhsya Sanhita.
  • Additionally, MHA launched Sankalan app – A compendium of New Criminal Laws by National Crime Records Bureau.
    • It is designed for navigating through new criminal laws as a bridge between old and new criminal laws.
    • It will work in offline mode as well and its availability has been ensured in far-flung areas.
  • Tags :
  • National Investigation Agency (NIA)
  • Ministry of Home Affairs (MHA)
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