No privilege to be corrupt
10 months, 1 week ago

No privilege to be corrupt

Hindustan Times  

The seven-judge constitutional bench of the Supreme Court has delivered a much-needed correction to a 1998 judgment that allowed legislators to invoke parliamentary privilege when accused of accepting a bribe during voting in Parliament or for raising a query in either of the Houses. The ’98 verdict by a five-judge bench in PV Narasimha Rao provided immunity to several members of Parliament accused of accepting bribes to vote in favour of the Rao government in a no-confidence motion in 1993. The ramifications of this verdict are substantial as legislators accused of corruption, including during voting in Rajya Sabha polls and confidence motions, now stand the risk of facing a criminal investigation. The new order has sought to define what constitutes parliamentary privilege and has proposed a two-fold test to determine if it is related to the House collectively and necessary for its functioning.

House Parliament Privilege Legislators Parliamentary Privilege  corrupt  verdict  corruption  legislators  parliamentary  voting  privilege  state  accused  parties  house

History of this topic

Drawing a clear line on parliamentary privilege
10 months, 1 week ago

Drawing a clear line on parliamentary privilege

Hindustan Times  

Parliamentary privilege is a fundamental aspect of legislative independence, providing immunity to members of Parliament and state legislatures to enable them to perform their duties without external pressure. Emphasising that corruption and bribery cannot be countenanced because they erode the foundation of Indian parliamentary democracy, the Supreme Court verdict provides clear interpretations of the constitutional provisions pertaining to the immunity …

No Immunity for Bribery: What is 1998 Verdict That SC Overturned Today? What Privileges Do MPs Get?
10 months, 1 week ago

No Immunity for Bribery: What is 1998 Verdict That SC Overturned Today? What Privileges Do MPs Get?

News 18  

The Supreme Court’s seven-judge bench of Chief Justice of India DY Chandrachud, and Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar, and Manoj Misra on March 4 held that the Members of Parliament and legislative assemblies cannot claim immunity for receiving bribes for vote or speech in the legislature. It was on September 25 last year that …

As SC Re-examines Immunity to MPs & MLAs, Here are the Privileges Enjoyed by Elected Representatives
1 year, 3 months ago

As SC Re-examines Immunity to MPs & MLAs, Here are the Privileges Enjoyed by Elected Representatives

News 18  

The Supreme Court of India is hearing an appeal against it 1998 judgement that provided immunity to the Members of Parliament and Legislative Assemblies under Articles 105 and 194 of the constitution. In the 25-year-old judgment, the five-judge bench of the apex court in PV Narasimha Rao vs State by a majority of 3:2 held that members of the parliament …

No privilege to MPs from criminal proceedings during session: Naidu
2 years, 5 months ago

No privilege to MPs from criminal proceedings during session: Naidu

The Hindu  

August 06, 2022 06:00 am | Updated 12:08 pm IST - NEW DELHI Rajya Sabha Chairman M. Venkaiah Naidu said on Friday, that members have a wrong notion that they have a privilege from action by investigating agencies, while the session is on. As the House assembled on Friday, Mr. Naidu said, “Going by what has happened in the last …

House Privileges Not Applicable To Activities Other Than Legislative Functions : Salve Submits For Facebook VP
3 years, 11 months ago

House Privileges Not Applicable To Activities Other Than Legislative Functions : Salve Submits For Facebook VP

Live Law  

The Supreme Court on Wednesday heard Facebook India Vice President, Ajit Mohan's challenge to the two summons issued by the Delhi Legislative Assembly's Committee "Peace and Harmony" asking him to appear to look into the role of fake news behind the Delhi riots of February 2020.The two summons were issued in September 2020 demanding Mr. Mohan to appear before the …

Parliamentary Privileges And The Fundamental Right To Free Speech: A Conundrum Of The Conflicting Entitlements
4 years, 4 months ago

Parliamentary Privileges And The Fundamental Right To Free Speech: A Conundrum Of The Conflicting Entitlements

Live Law  

"There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations." There has always been conflict between parliamentary privileges given to all the members of the houses and the rights given to all the citizens under part III of Indian constitution. Commenting on …

"Communication And Consultation Between Speaker Of Lok Sabha And Leader Of Opposition On Extension Of Tenure Of Secretary General Not Covered By Section 8(1)(c)Of The RTI": Delhi HC [Read Judgment]
5 years, 6 months ago

"Communication And Consultation Between Speaker Of Lok Sabha And Leader Of Opposition On Extension Of Tenure Of Secretary General Not Covered By Section 8(1)(c)Of The RTI": Delhi HC [Read Judgment]

Live Law  

Justice Anup Jairam Bhambhani of the Delhi High Court recently directed the Central Information Commission to give details on the communication and consultation between Leader of Opposition and Speaker of Lok Sabha about granting of a one year extension to the Secretary General, Lok Sabha Shri T.K Vishwanathan holding that such information was not protected by 'parliamentary privilege'. Justice Anup …

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