REGENT COMPUTRONICS PVT. LTD.

Sita Soren Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

STATE OF KERALA VS. K AJITH [REFERRED TO]
RAJEEV SURI VS. DDA [REFERRED TO]
M S M SHARMA VS. KRISHNA SINHA [REFERRED TO]
LT COL KHAJOOR SINGH VS. UNION OF INDIA [REFERRED TO]
KESHAV MILLS CO LIMITED PETLAD VS. COMMISSIONER OF INCOME TAX BOMBAY NORTH AHMEDABAD [REFERRED TO]
KESHAV MILLS CO LIMITED PETLAD VS. COMMISSIONER OF INCOME TAX BOMBAY NORTH AHMEDABAD [REFERRED TO]
TFJ KIRAN JATN VS. N SANJIVA REDDY [REFERRED TO]
SAMBHU NATH SARKAR VS. STATE OF WEST BENGAL [REFERRED TO]
MAGANLAL CHHAGANLAL PRIVATE LIMITED PARWATIBAI PUNDALIK LEGAD UMAR HABIB BIBI BATOOL PARWATIBAI PUNDALIK LEGAD VS. MUNICIPAL CORPORATION OF GREATER BOMBAY:THE PRINCIPAL JUDGE CITY CIVIL COURTS:J R VIMADALAL:ENQUIRY OFFICER:THE PRINCIPAL JUDGE CITY CIVIL COURTS [REFERRED TO]
CHATURDAS BHAGWANDAS PATEL VS. STATE OF GUJARAT [REFERRED TO]
PASHUPATI NATH SUKUL ELECTION COMMISSION OF INDIA STATE OF UTTAR PRADESH VS. NEM CHANDRA JAIN:NEM CHANDRA JAIN:NEM CHANDRA JAIN [REFERRED TO]
UNION OF INDIA PRITHIPAL SINGH RAM MEHAR RAJ KUMAR DELHI CATTLE BREEDING FARMS PRIVATE LIMITED VS. RAGHUBIR SINGH :UNION OF INDIA [REFERRED TO]
KRISHENA KUMAR BALBIR SINGH DESH RAJ KOHLI R N MUBAYI PRESIDENT ALL INDIA RETIRED RAILWAYMEN P F TERMS ASSOCIATION BRIJ MOHAN KAUL K RAVI VERMA VS. UNION OF INDIA [REFERRED TO]
SUB COMMITTEE ON JUDICIAL ACCOUNTABILITY RAJ BIRBAL VS. UNION OF INDIA [REFERRED TO]
KIHOTO HOLLOHAN VS. ZACHILLHU [REFERRED TO]
P V NARASIMHA RAO VS. STATE CBI SPE [OVERRULED]
PRADEEP KUMAR BISWAS VS. INDIAN INSTITUTE OF CHEMICAL BIOLOGY [REFERRED TO]
CENTRAL BOARD OF DAWOODI BOHRA COMMUNITY VS. STATE OF MAHARASHTRA [REFERRED TO]
KULDIP NAYAR VS. UNION OF INDIA [REFERRED TO]
RAJA RAM PAL VS. SPEAKER LOK SABHA [REFERRED TO]
AMARINDER SINGH VS. SPECIAL COMMITTEE PUNJAB VIDHAN SABHA [REFERRED TO]
SHANKER RAJU VS. UNION OF INDIA [REFERRED TO]
JUSTICE RIPUSUDAN DAYAL VS. STATE OF M.P. [REFERRED TO]
SUPREME COURT ADVOCATE-ON-RECORD ASSOCIATION VS. UNION OF INDIA [REFERRED TO]
ALAGAAPURAM R. MOHANRAJ & OTHERS VS. TAMIL NADU LEGISLATIVE ASSEMBLY [REFERRED TO]
KALPANA MEHTA AND OTHERS VS. UNION OF INDIA AND OTHERS [REFERRED TO]
SHAH FAESAL VS. UNION OF INDIA [REFERRED TO]
AJIT MOHAN VS. LEGISLATIVE ASSEMBLY NATIONAL CAPITAL TERRITORY OF DELHI [REFERRED TO]
NEERAJ DUTTA VS. STATE (GOVT. OF N.C.T. OF DELHI) [REFERRED TO]

JUDGEMENT

(1.) Parliamentary privilege, codified in Articles 105 and 194 of the Constitution, is integral to deliberative democracy in facilitating the functioning of a parliamentary form of governance. It ensures that legislators in whom citizens repose their faith can express their views and opinions on the floor of the House without 'fear or favour'. With the protection of parliamentary privilege, a legislator belonging to a political party with a minuscule vote share can fearlessly vote on any motion; a legislator from a remote region of the country can raise issues that impact her constituency without the fear of being harassed by legal prosecution; and a legislator can demand accountability without the apprehension of being accused of defamation.

(2.) Would a legislator who receives a bribe to cast a vote in a certain direction or speak about certain issues be protected by parliamentary privilege It is this question of constitutional interpretation that this Court is called upon to decide.

(3.) The Criminal Appeal arises from a judgment dtd. 17/2/2014 of the High Court of Jharkhand [Writ Petition (Criminal) No 128 of 2013]. An election was held on 30/3/2012 to elect two members of the Rajya Sabha representing the State of Jharkhand. The appellant, belonging to the Jharkhand Mukti Morcha ("JMM"), was a member of the Legislative Assembly of Jharkhand. 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 Rajya Sabha seat, she did not cast her vote in favour of the alleged bribe giver and instead cast her vote in favour of a candidate belonging to her own party. The round of election in question was annulled and a fresh election was held where the appellant voted in favour of the candidate from her own party again.

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SITA SOREN Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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