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Supreme Court of India

Sita Soren v. Union of India

Neutral citation
Reported as [2024] 3 S.C.R. 462
Bench Dr Dhananjaya Y Chandrachud, A.S. Bopanna, M. M. Sundresh, Pamidighantam Sri Narasimha, J.B. Pardiwala, Sanjay Kumar and Manoj Misra JJ.
Decided 4 March 2024

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1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that clause (2) of Article 105 does not grant immunity against bribery to any person as the receipt of or agreement to receive illegal gratification is not “in respect of” the function of a member to speak or vote in the House.

Judgment, page 75

From the headnote

Issue for Consideration Instant Reference pertains to reconsideration of the correctness of the view of the majority judgment in *PV Narasimha Rao’s case granting immunity from prosecution to a member of the legislature who has allegedly engaged in bribery for speaking or casting a vote. Headnotes Constitution of India – Arts. 105 and 196 – Powers, privileges and immunities of the Houses of Parliament or Legislature, as the case may be, and of members and committees – Member of Parliament or the Legislative Assembly, if can claim immunity from prosecution on a charge of bribery in a criminal

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Where later benches applied it

Of those, 1 referred to

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