1. MPs’ and MLAs’ immunity from prosecution for bribery
Question of Law: Does the immunity conferred on Members of Legislative Assembly (MLAs) under Article 194(2) of the Constitution and to Members of Parliament (MPs) under Article 105(2) in respect of any vote given by them in the legislature include immunity against prosecution for bribery?
Cause title: Sita Soren v. Union of India
Registered: March 7, 2019 | Admitted: December 4, 2018 |
Status: Judgment delivered on March 4, 2024.
The Court, in a unanimous verdict, ruled that MLAs and MPs cannot claim any immunity from prosecution under Articles 105 and 194 of the Constitution when they are accused of taking bribes.
The Court explained that immunity is given to legislators under Articles 105(2) and 194(2) in respect of anything said or done in Parliament or a legislative assembly only if a two-fold test is satisfied. The two-fold test involves examining whether such action is (1) connected to the collective functioning of the legislative house and (2) the action has a functional relationship “to the discharge of the essential duties of a legislator.“
Source: Barandbench
