Supreme Court 7-judge bench reserves order on whether lawmakers can claim immunity
Oct 05, 2023
New Delhi [India], October 5 : A seven-judge Constitution Bench of the Supreme Court on Thursday reserved an order on the issue relating to the re-examination of its 1998 judgement in the P V Narasimha Rao case and the matter concerning whether a Parliamentarian or legislator can claim immunity from prosecution for accepting bribes for making a speech or vote in a particular manner in the House.
A bench of seven judges headed by the Chief Justice of India DY Chandrachud reserved an order after hearing the submissions. Other judges on the bench are Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar, and Manoj Misra.
Earlier, a five-judge bench referred the matter to a larger bench of seven to deal with the issues, observing that it was an important issue having a significant bearing on the morality of polity.
The court said that the purpose of Article 105(2) and Article 194(2) is to ensure that members of parliament and state legislatures are able to discharge duties in an atmosphere of freedom without fear of the consequences.
The 7-judge bench was reconsidering the ruling in the JMM MP's bribery case, in which the MPs allegedly took bribes to vote in support of the Narsimha Rao government in 1993.
The issue arose when the five-judge Constitution Bench, comprising CJI Chandrachud, was dealing with the issues.
On March 7, 2019, a three-judge bench of the Supreme Court referred the matter to a larger bench, considering the wide ramifications of the question that has arisen. The court had then observed that the doubts raised and the issue being a matter of substantial public importance, the matter required to be considered by a larger bench.
The issue was raised while the court was hearing a petition filed by politician Sita Soren. Sita Soren has sought the criminal prosecution launched against her to be nullified on a claim of immunity under Article 194(2) of the Constitution of India.
The charges against Sita Soren were that she had allegedly accepted a bribe to vote in favour of a particular candidate in the Rajya Sabha election that was held sometime in 2012 in Jharkhand.
