Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • In RTI Reply, SBI Refuses To Share Info On Its Electoral Bond Guidelines Nation
  • Tejashwi Yadav Amid Outrage Over NEET Paper Leak Row Nation
  • Asian Games 2023: Tejaswin Shankar Takes Pole Position In Men’s Decathlon Sports
  • Morning Digest | Centre extends AFSPA in parts of Nagaland, Arunachal Pradesh for another six months; ‘High level of military tension’ with China over last three years, says EAM Jaishankar, and more World
  • China Slams US TikTok Vote World
  • Israel Strikes Gaza Again After Truce Deal Negotiations End With Hamas World
  • East Libya Floods Over 2,000 Killed Thousands Missing Authorities Storm Daniel World
  • IPL 2024: Delhi Capitals’ Star Ishant Sharma Reveals Special Bond With Head Coach Ricky Ponting Sports

Do MPs, MLAs Have Immunity In Bribery Cases? Big Supreme Court Decision Shortly

Posted on March 4, 2024 By admin


The judgement was reserved last year after two day-long arguments (Representational)

New Delhi:

The Supreme Court is scheduled to pronounce its verdict today on whether MPs and MLAs enjoy immunity from prosecution for taking bribes to make a speech or cast a vote in the legislature.

Having reserved its judgement on October 5, 2023, a seven-judge constitution bench headed by Chief Justice DY Chandrachud will pronounce the verdict on the issue.

During the arguments, the Centre had submitted that bribery can never be a subject matter of immunity and a parliamentary privilege is not meant to place a lawmaker above the law.

The judgement was reserved after two day-long arguments advanced by a battery of lawyers including the attorney general, the solicitor general, and amicus curiae P S Patwalia, who was assisting the court in the matter.

The seven-judge bench is reconsidering the judgement delivered by a five-judge bench of the Supreme Court in 1998 in the JMM bribery case by which MPs and MLAs were granted immunity from prosecution for taking bribes to make a speech or vote in the legislature.

The Supreme Court revisited the judgement 25 years after the JMM bribery scandal rocked the country.

The Supreme Court, in the course of the hearing, said it will examine whether the immunity granted to lawmakers from prosecution for taking bribes to make a speech or vote in Parliament and state legislatures extends to them even if criminality is attached to their actions.

The Supreme Court had on September 20, 2023, agreed to reconsider its judgement, saying it was an important issue having a significant bearing on “morality of polity”.

In 1998, a five-judge constitution bench had, in its majority verdict delivered in the PV Narasimha Rao versus CBI case, held that parliamentarians have immunity against criminal prosecution for any speech made and the vote cast inside the House under Article 105(2) and Article 194(2) of the Constitution.

The issue came under the Supreme Court’s lens again in 2019, when a bench headed by then chief justice Ranjan Gogoi was hearing an appeal filed by Sita Soren, JMM MLA from Jama and daughter-in-law of party chief Shibu Soren, who was an accused in the JMM bribery scandal.

The Justice Gogoi-led bench had referred to a five-judge bench the crucial question, noting it had “wide ramification” and was of “substantial public importance”.

Sita Soren was accused of taking bribes to vote for a particular candidate in the Rajya Sabha election in 2012. She had contended that the constitutional provision granting lawmakers immunity from prosecution, which saw her father-in-law being let off the hook in the JMM bribery scandal, be applied to her.

She had moved the Supreme Court against the Jharkhand High Court order of February 17, 2014, refusing to quash the criminal case lodged against her.

The three-judge bench had then said it will revisit the SC verdict in the sensational JMM bribery case involving Shibu Soren, a former Jharkhand chief minister and ex-union minister, and four other party MPs who had accepted bribes to vote against the no-confidence motion threatening the survival of the P V Narasimha Rao government in 1993.

The Narasimha Rao government, which was in a minority, survived the no-confidence vote with their support.

The CBI registered a case against Soren and four other JMM Lok Sabha MPs but the Supreme Court quashed it citing immunity from prosecution they enjoyed under Article 105(2) of the Constitution. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



Source link

Nation Tags:Lawmakers immunity, Supreme Court

Post navigation

Previous Post: Injured New Zealand Seamer Will O’Rourke Out Of Second Australia Test
Next Post: One missing, 24 rescued off Japanese fishing boat

Related Posts

  • In Tamil Nadu Governor RN Ravi vs DMK, Vice Chancellors Selection Is New Flashpoint Nation
  • Vistara Expects To Resume Normal Operations By Weekend: Sources Nation
  • High Court Permits Release Of Controversial Movie ‘Hamare Baarah’ Nation
  • Congress Finalises Seats In These States, Announcement Soon Nation
  • Why Relations Between The Two Countries Have Soured Nation
  • High Court Orders Expanded Probe into Nursing Colleges In Madhya Pradesh Nation

More Related Articles

Supreme Court To Hear Plea Of Teen Rape Survivor To Abort 28-Week Pregnancy Nation
“People Have Decided To Give Big Farewell To Shivraj Chouhan”: Kamal Nath Nation
Lawyer Repeatedly Assaults His Own Mother, Gets Help From Wife And Son Nation
“Safety, Security Of Indians In Israel Is Of Prime Concern For Us”: Centre Nation
Puducherry’s Ex Woman Minister To NDTV Nation
Nirmala Sitharaman Counters Jairam Ramesh’s Criticism Of Pension Scheme Nation
SiteLock

Archives

  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Class 11 Student Stabs Teacher To Death In Classroom At Assam School
  • Lord Jagannath Rath Yatra commences in Ahmedabad; Amit Shah, CM Patel offer prayers
  • Sakshi Touches MS Dhoni’s Feet During 43rd Birthday Celebration, His Reaction Is Viral. Watch
  • Palestine Karate Champion, Who Escaped Gaza, Forges Future In Egypt
  • Cristiano Ronaldo’s Portugal Retirement Stance Clear With 2026 World Cup Plan: Report

Recent Comments

  1. GkJwRWEAbS on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. xreDavBVnbGqQA on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. aANVRzfUdmyb on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. YQCyszVBmIP on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. aiXothgwe on UP Teacher Who Asked Students To Slap Muslim Classmate
  • IPL 2024 Points Table, Orange Cap, Purple Cap: Delhi Capitals Gain Big With Win Over Gujarat Titans Sports
  • “No Match For Mahi Bhai As Communicator But…”: India Star On What Makes Virat Kohli ‘The Best’ Sports
  • Ex-Australia Star, Who Played 23 Tests, To Represent Italy In Tribute To Brother Sports
  • Why is Google on trial in the United States? | Explained Business
  • Rahulyaan Couldn’t Be Launched Or Landed: Rajnath Singh Targets Congress Nation
  • Rajasthan Royals vs Royal Challengers Bengaluru, IPL 2024 Eliminator: Players To Watch Out For Sports
  • Narayana Murthy Suggests 70-Hour Work Week To Youngsters, Sparks Debate Nation
  • S Jaishankar Meets UN Chief In Kazakhstan World

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.