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Posted 05 Mar 2024

Updated 27 Mar 2024

2 min read

  • 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. 

 

  • 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 :
  • Supreme Court
  • Parliamentary immunity
  • Sita Soren v. Union of India
  • Article 105
  • Article 194
  • PV Narasimha Rao case
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