Parliamentary immunity is a legal safeguard provided to members of Parliament (MPs) and members of Legislative Assemblies (MLAs) in India. This immunity protects them from prosecution for actions performed in the course of their official duties, particularly regarding their speech and voting in legislative activities.
This landmark case revolved around the issue of whether members of Parliament could claim immunity from prosecution for accepting bribes to influence their votes. Initially, the ruling granted immunity under Article 105(2) of the Constitution. However, this decision has faced significant scrutiny and criticism over the years.
The interpretation of parliamentary immunity has become increasingly stringent. The Supreme Court has stressed that this immunity does not shield MPs and MLAs from prosecution for criminal activities, including bribery, even if such actions are related to their parliamentary functions.
Sita Soren, a member of the Jharkhand Legislative Assembly, was accused of accepting a bribe in exchange for her vote in a Rajya Sabha election. Initially, she sought protection under parliamentary immunity as outlined in Article 194(2), which parallels Article 105 for state legislators. Her case sparked a debate on whether immunity should extend to corrupt practices.
The Supreme Court clarified that parliamentary immunity does not encompass the act of accepting bribes. The Bench ruled that immunity under Article 105(2) and Article 194(2) does not protect members from prosecution for bribery. This decision underscores that corruption undermines the foundational principles of parliamentary democracy.
While MPs and MLAs enjoy immunity for their speeches and votes within legislative bodies, this protection does not apply to criminal actions such as bribery. They can be prosecuted under the Prevention of Corruption Act for such offenses.
Q1. What does parliamentary immunity protect MPs and MLAs from?
Answer: Parliamentary immunity protects MPs and MLAs from prosecution related to actions performed during their official duties, particularly speech and voting within legislative bodies.
Q2. Can MPs and MLAs be prosecuted for bribery?
Answer: Yes, MPs and MLAs can be prosecuted for bribery and other criminal activities, as parliamentary immunity does not cover such actions.
Q3. What is the significance of the P.V. Narasimha Rao case?
Answer: The P.V. Narasimha Rao case is significant because it addressed whether MPs could claim immunity for accepting bribes, influencing the legal interpretation of parliamentary protections.
Q4. How has the Supreme Court's interpretation of immunity changed over time?
Answer: The Supreme Court's interpretation has become stricter, emphasizing that immunity does not protect MPs and MLAs from criminal prosecution for offenses like bribery.
Q5. What was the outcome of the Sita Soren case regarding parliamentary immunity?
Answer: The Supreme Court ruled that parliamentary immunity does not cover the acceptance of bribes, reinforcing that corruption is incompatible with democratic principles.
Question 1: What is the main purpose of parliamentary immunity?
A) To protect MPs from all legal actions
B) To shield MPs and MLAs from prosecution for official duties
C) To allow MPs to accept bribes
D) To eliminate accountability in Parliament
Correct Answer: B
Question 2: Which article of the Constitution provides for parliamentary immunity?
A) Article 194
B) Article 105
C) Article 370
D) Article 21
Correct Answer: B
Question 3: Can MPs be prosecuted for actions taken during parliamentary sessions?
A) Yes, for all actions
B) No, they are completely immune
C) Yes, for criminal acts like bribery
D) Only if the Parliament agrees
Correct Answer: C
Question 4: What did the Supreme Court decide in the Sita Soren case?
A) Immunity covers all actions
B) Immunity does not protect against bribery
C) She was not guilty
D) Immunity is absolute
Correct Answer: B
Question 5: What is a key issue discussed in the P.V. Narasimha Rao case?
A) Voting rights
B) Acceptance of bribes
C) Legislative procedures
D) Parliamentary debates
Correct Answer: B
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