NO PARLIAMENTARY IMMUNITY FOR TAKING BRIBES – SUPREME COURT VERDICT

Why in the News?

  • The Supreme Court in Sita Soren v. Union of India (2024) overturned its 1998 PV Narasimha Rao judgment.
  • SC ruled that legislators cannot claim immunity under Articles 105 & 194 if they accept bribes for voting or speeches in Parliament/Assemblies.

Key Highlights of the Verdict

  • Bribery is not immune – MPs/MLAs cannot evade criminal prosecution by citing parliamentary privileges.
  • Two-fold test for privilege – A legislator’s privilege must:
  1. Be connected to the collective functioning of the House.
  2. Be necessary for performing legislative duties.
  • Criminal courts have jurisdiction – Taking bribes is an offense, even if it violates parliamentary rules.
  • Extends to presidential & Rajya Sabha elections The privilege does not cover corrupt practices in elections.

Impact of the Judgment

  • Strengthens anti-corruption efforts in politics.
  • Ends misuse of parliamentary immunity to shield bribery cases.

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