New Delhi: A five-judge Constitution Bench of the Supreme Court will revisit and decide whether Members of Parliament or Legislative Assembly enjoy immunity from prosecution under Article 105 or 194 (2) of the Constitution for an offence involving offer or acceptance of bribe to caste vote in the House.
A three-judge bench of headed by Chief Justice Ranjan Gogoi has referred this question to a larger bench, while considering an appeal from Jharkhand High Court which held that the Legislator Sita Soren could not claim any immunity. The court in its order said, “having considered the matter, we are of the view that having regard to the wide ramification of the question that has arisen, the doubts raised and the issue being a matter of substantial public importance, we refer the issue to a larger bench to hear and decide the issue.
In P.V. Narasimha Rao case, a five judge bench considered the issue: Whether by virtue of Article 105 of the Constitution a Member of Parliament can claim immunity from prosecution on a charge of bribery in a criminal court?
The majority (3:2) held that Members of Parliament who voted on the no-confidence motion by taking bribe are entitled to immunity from criminal prosecution for the offences of bribery and criminal conspiracy conferred on them by Article 105(2) of the Constitution.
