In which case did a seven-judge bench of the Supreme Court hold in 2024 that a legislator who accepts a bribe for a vote is not protected by parliamentary privilege?
- A.P. V. Narasimha Rao v. State (CBI)
- B.Sita Soren v. Union of India
- C.Raja Ram Pal v. Hon’ble Speaker, Lok Sabha
- D.Kihoto Hollohan v. Zachillhu
Correct answer
Explanation
The correct answer is B, Sita Soren v. Union of India. In 2024 a seven-judge bench held that the immunity in Article 105(2) and Article 194(2) covers only what is essential to the functioning of the House, so a legislator who takes a bribe for a vote or a speech can be prosecuted; the offence is complete when the bribe is accepted, whether or not the vote is cast as promised. Option A, P. V. Narasimha Rao of 1998, is the earlier judgment that had granted such immunity by a narrow majority in the Jharkhand Mukti Morcha bribery matter, and it is the decision the 2024 bench overruled. Option C, Raja Ram Pal of 2007, upheld the expulsion of members in the cash-for-query episode while holding that privilege is open to limited judicial review. Option D, Kihoto Hollohan of 1992, is the leading case on the anti-defection law in the Tenth Schedule.
Read the full article: Parliamentary Privileges: Articles 105 and 194 Explained
Practice Questions
View allWhich Article of the Constitution deals with the powers, privileges and immunities of Parliament, its members and its committees?
- A.Article 100
- B.Article 105
- C.Article 110
- D.Article 112
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Article 105 of the Constitution deals with the powers, privileges and immunities of Parliament, its members and its committees.
Read the full explanation →A member of Parliament is free from arrest in civil cases during a session and for how many days before it begins and after it ends?
- A.15 days
- B.20 days
- C.30 days
- D.40 days
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Freedom from arrest in civil cases runs through the continuance of a session and for forty days before the session begins and forty days after it ends.
Read the full explanation →Which Article protects a person from liability for publishing a substantially true report of the proceedings of a House of Parliament?
- A.Article 105
- B.Article 194
- C.Article 361A
- D.Article 123
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Article 361A protects a person from civil or criminal liability for publishing a substantially true report of the proceedings of either House of Parliament or of a State Legislature, unless the publication is proved to have been made with malice; the protection does not extend to reports of a secret…
Read the full explanation →Which Constitutional Amendment Act removed the reference to the House of Commons of the United Kingdom from the privileges clause of Article 105(3)?
- A.42nd Amendment Act, 1976
- B.44th Amendment Act, 1978
- C.52nd Amendment Act, 1985
- D.61st Amendment Act, 1988
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As originally enacted, Article 105(3) said that until Parliament defined the privileges by law they would be those of the House of Commons of the United Kingdom.
Read the full explanation →How many members does the Committee of Privileges of the Lok Sabha have?
- A.10
- B.12
- C.15
- D.22
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The Committee of Privileges of the Lok Sabha has fifteen members, nominated by the Speaker, and it examines questions of privilege referred to it and recommends what action the House should take.
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