MPs /MLAs cannot claim immunity from prosecution for taking bribes in the house: SC  

Last Updated on March 5, 2024 by News Desk

On Monday it was ruled by the supreme court that the MLAs And MPs cannot claim any immunity form the prosecution under articles 105 and 194 of the constitution of India.   

Under article 105(2) immunity has been conferred on the Members of Parliament from anything which has been said or any vote, that was given by them in the parliament or the parliamentary committees.  

A similar immunity is granted to the member of the legislative assemblies through the Article 194(2).

The constitution bench, comprised of CJI D.Y Chandrachud, justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, PV Sanjay Kumar, and Manoj Misra gave the decision.

A contrary judgement given in the PV Narasimha Rao v State, was overruled by the court. In this case, it was explained that the members were immune if they have taken bribe to vote in a certain way in the legislative assemblies.  

The court said that the immunity that is given under the two articles would be granted only when a two-fold test will be complied with.  

Firstly- the action must relate to the collective functioning of the legislative house.  

Secondly – the action has a functional relationship for the discharge  

These provisions have been provided so that the environment that facilitates free deliberations. And if bribing is done then such an atmosphere is vitiated.  

Therefore, the court stated bribery is not a parliamentary privilege.  

The immunity that has been granted is to enable that the voting in the parliament is done freely.  

The court also said that the criminal courts will not be excluded from taking the criminal cases against the members only because the speaker is also empowered to deal with such cases. 

Case Title:- Sita Soren v. Union of India  

Written By:– Shianjany Pradhan (@SHIANJANYPRADHAN)