Sita Soren vs Union of India

Court

Supreme Court of India

Date

20 September 2023

Case No.

Criminal Appeal No. 451 of 2019

Bench

D.Y. Chandrachud, A.S. Bopanna, M.M. Sundresh, J.B. Pardiwala, Manoj Misra

Citation

[2023] 12 S.C.R. 753 : 2023 INSC 856

Issue for consideration

Issue pertains to whether an MP or MLA can claim immunity from criminal prosecution for taking bribery for making a speech or voting in a particular manner in the House; and as to correctness of PV Narasmiha Rao’s case.

Headnote

Constitution of India – Art. 194(2) – Powers, privileges, etc, of the House of Legislatures and of the members and committees thereof – Issue as regards immunity to an MP or MLA from criminal prosecution for taking bribery for making a speech or voting in a particular manner in the House in PV Narasmiha Rao’s case – Correctness: Held: View of the majority in PV Narasmiha Rao’s case has serious ramifications for the polity and the preservation of probity in public life – In view thereof, the correctness of the view of the majority in PV Narasmiha Rao to be reconsidered by a larger Bench of seven judges – Reference to larger Bench.

Judicial discipline – Correctness of a decision – Reconsideration: Held: It is settled position of judicial discipline that only a bench of coequal strength may express an opinion doubting the correctness of a view taken by an earlier Bench of coequal strength – If such a doubt is expressed, the matter may be placed before a Bench consisting of a quorum larger than the one which pronounced the decision in challenge. LIST OF CITATIONS AND OTHER REFERENCES

PV Narasimha Rao v. State (CBI/SPE) (1998) 4 SCC 626 : [1998] 2 SCR 870; State (CBI/SPE) v. PV Narasimha Rao (2001) 9 SCC 249; Centre for PIL & Anr. v. Union of India (2000) 9 SCC 393; Rupa Ashok Hurra vs. Ashok Hurra & Anr. (2002) 4 SCC 388 : [2002] 2 SCR 1006; Pashupati Nath Sukul v. Nem Chandra Jain & Ors. (1984) 2 SCC 404 : [1984] 1 SCR 939; Madhukar Jetly v. Union of India & Ors. (1997) 11 SCC 111; Kuldip Nayar & Ors v. Union of India & Ors. (2006) 7 SCC 1 : [2006] 5 Suppl. SCR 1; Joseph Shine v. Union of India (2019) 3 SCC 39 : [2018] 11 SCR 765; Kalpana Mehta v. Union of India (2018) 7 SCC 1 : [2018] 4 SCR

1 – referred to.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

JUDGMENT / ORDER OF THE SUPREME COURT ORDER 1. The Criminal Appeal arises from a judgment and order dated 17 February 2014 of the High Court of Jharkhand in Writ Petition (Criminal) No 128 of 2013. 2. An election was held on 30 March 2012 for two members of the Rajya Sabha representing the State of Jharkhand. The appellant was a member of the Legislative Assembly belonging to the Jharkhand Mukti Morcha. The allegation against the appellant is that she accepted a bribe from an independent candidate for casting her vote in his favour. However, as borne out from the open balloting for the Raj

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