Kanooni Charcha: Decoding/Delving upon the Judgement of Hon’ble Supreme Court of India overruling SC judgement of 1998
Kanooni Charcha by Rtd Judge Subash Gupta/ Former Member Public Service Commission J&k on topic-Decoding/Delving upon the Judgement of Hon’ble Supreme Court of India in case Sita Soren V S Union of India dated 4-3-2024-facts & law of the case -Review/ Revisitation of earlier constitutional verdict in case of Judgement of PV Narishama Rao of year of 1998 delivered by Five Bench Judges by a larger constitutional Bench of seven Judges in case of Sita Soren Case-Main consideration / deliberation was given/made to questions as to whether speech made or vote casted by taking bribe or not by a Member parliamentarian or state legislator is privileged or otherwise immune by Articles 105 & 194 of constitution of India -Held such an immunity or privilege is not available as it is violated & against the spirit of these two articles Further more as per ingredients of section 7 of Prevention of Corruption Act offence is complete after acceptance of bribe irrespective of fact as whether subsequently the desired vote is casted or speech made or not by the MLA concerned-Net result of the Decision led to setting aside of earlier Judgement of P V Narishama Rao being unconstitutional.