Question

The decision of the Supreme Court in PV Narasimha Rao v. State (1998) 4 SCC 626 that pertained to whether a Member of Parliament or the Legislative Assembly, as the case may be, can claim immunity from prosecution on a charge of bribery in a criminal court under Articles 105 and 194 of the Constitution was -

• A. Overruled in Sita Soren v. Union of India (2024)
• B. Upheld in Subhash Desai v. Principal Secretary (2023)
• C. Overruled in Subhash Desai v. Principal Secretary (2023)
• D. Upheld in Subhash Desai v. Principal Secretary (2023)

Answer 1

The Correct Option is A

The Supreme Court’s decision in PV Narasimha Rao v. State (1998) 4 SCC 626 originally allowed Members of Parliament and the Legislative Assembly to claim immunity from prosecution on charges of bribery under Articles 105 and 194 of the Constitution.

However, in the case of Sita Soren v. Union of India (2024), this decision was overruled. The Court concluded that such immunity does not apply in cases of bribery, as it is considered a criminal offense outside the scope of parliamentary or legislative privileges.

Option b) Upheld in Sita Soren v. Union of India (2024) is incorrect, as the decision in PV Narasimha Rao was overruled, not upheld.

Option c) Overruled in Subhash Desai v. Principal Secretary (2023) is incorrect because this case did not address the issue of immunity from prosecution.

Option d) Upheld in Subhash Desai v. Principal Secretary (2023) is also incorrect, as it did not deal with this particular issue.