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Constitutional law

SITA SOREN versus UNION OF INDIA

The majority view in PV Narasimha Rao that members enjoy immunity from criminal prosecution for accepting bribes in connection with speaking or voting was reconsidered and overruled; Articles 105(2) and 194(2) do not protect acts of bribery because privilege attaches only to speech or votes intrinsically related and necessary to the House’s functioning, whereas bribery is a distinct criminal offence complete on acceptance or agreement to accept undue advantage (s.7 PC Act); courts retain jurisdiction to prosecute such offences; votes in Rajya Sabha elections fall within Art.194(2) but that pr…

Source excerpt

  • Articles 105 and 194 of the constitution
  • Bribery and corruption
  • Parliamentary privilege
  • Prevention of corruption act, 1988 s.7
  • Stare decisis
  • Rajya sabha elections
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Constitutional law

SITA SOREN versus UNION OF INDIA

Prima facie the correctness of the majority view in PV Narasimha Rao (1998) 4 SCC 626 should be reconsidered by a larger Bench of seven judges because the interpretation of Articles 105(2) and 194(2) has wide ramifications for parliamentary democracy and probity in public life, and judicial discipline requires that such doubts be referred to a Bench larger than that which pronounced the earlier decision.

Source excerpt

  • Parliamentary immunity
  • Article 105(2)
  • Article 194(2)
  • Bribery
  • Reconsideration of precedent
  • Judicial discipline
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Constitutional law

ASHISH SHELAR & ORS. versus THE MAHARASHTRA LEGISLATIVE ASSEMBLY & ANR.

The resolution suspending the petitioners is unconstitutional, null and ineffective insofar as it directs suspension beyond the remainder of the ongoing Monsoon Session (July 2021); suspension as a legislative self-protective measure must be temporary and conform to the graded approach in Rule 53, and excessive suspension that deprives constituencies of representation and violates Articles 14 and 21 is open to judicial review and must be set aside.

Source excerpt

  • Suspension of mla
  • Rule 53 maharashtra legislative assembly rules, 2015
  • Article 190(4) constitution of india
  • Article 208 constitution of india
  • Article 212(1) constitution of india
  • Natural justice
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Criminal law

THE STATE OF KERALA versus K. AJITH & ORS.

The court upheld the CJM and High Court in refusing consent to withdraw prosecution under Section 321 because privileges under Article 194 do not protect acts of destruction and vandalism which are not essential legislative functions; withdrawal would improperly exempt elected representatives from criminal law and the Public Prosecutor had not discharged the requisite independent satisfaction that withdrawal subserves public justice.

Source excerpt

  • Section 321 crpc withdrawal of prosecution
  • Article 194 privileges and immunities of mlas
  • Section 197 crpc sanction requirement
  • Admissibility of electronic evidence under section 65b evidence act 1872
  • Prevention of damage to public property act, 1984
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Constitutional law

PANDIT M. S. M. SHARMA versus SHRI SRI KRISHNA SINHA AND OTHERS

The majority held that legislative privileges under Article 194(3) prevail over the general fundamental right to freedom of speech and expression in Article 19(1)(a) by harmonious construction, and that publishing expunged portions and unfaithful reports may constitute breach of privilege; in case of conflict, privilege prevails unless mala fides are present.

Source excerpt

  • Privilege of legislature
  • Freedom of speech and expression
  • Freedom of the press
  • Publication of proceedings
  • Relationship between legislative privilege and fundamental rights
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.