Sita Soren vs Union Of India

insc-2024-161 Supreme Court of India 4 March 2024 • Criminal Appeal No. 451 of 2019; Writ Petition (Criminal) No 128 of 2013 • 160 min read

Judges (7)

Parties (2)

Case Significance

Sita Soren vs Union Of India is a Supreme Court of India decision dated March 4, 2024 (citation: insc-2024-161). A 7-judge Constitution Bench overruled the majority opinion in PV Narasimha Rao (1998) which had held that legislators who accepted bribes and voted accordingly were protected by parliamentary privilege under Articles 105 and 194. The Court held that bribery of legislators is not protected by parliamentary privilege, as accepting a bribe is a completed offence at the point of acceptance regardless of whether the legislator follows through with the agreed vote. The reference was answered holdi The bench comprised Justices A.S. Bopanna, Dhananjaya Y Chandrachud, J.B. Pardiwala, M.M. Sundresh and Manoj Misra. The judgment was delivered by Justice Dhananjaya Y Chandrachud.

Summary

A 7-judge Constitution Bench overruled the majority opinion in PV Narasimha Rao (1998) which had held that legislators who accepted bribes and voted accordingly were protected by parliamentary privilege under Articles 105 and 194. The Court held that bribery of legislators is not protected by parliamentary privilege, as accepting a bribe is a completed offence at the point of acceptance regardless of whether the legislator follows through with the agreed vote. The reference was answered holding that the earlier interpretation created a paradoxical outcome where a legislator who took a bribe and voted as agreed was immune, while one who took a bribe but voted independently could be prosecuted.

What was the outcome of Sita Soren vs Union Of India?

A 7-judge Constitution Bench overruled the majority opinion in PV Narasimha Rao (1998) which had held that legislators who accepted bribes and voted accordingly were protected by parliamentary privile...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-161)