Legislators cannot claim immunity from prosecution for taking bribes for speech/ vote in the house: Supreme Court (SC) | Current Affairs | Vision IAS
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    Legislators cannot claim immunity from prosecution for taking bribes for speech/ vote in the house: Supreme Court (SC)

    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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