The Aryavarth Express
Agency(New Delhi): The Supreme Court has recently affirmed that the elections for the Rajya Sabha fall under the scope of Article 194(2) of the Constitution, offering a significant clarification to its 2006 Kuldip Nayar judgment. This ruling underscores the parliament’s upper house as an integral component of the Constitution’s basic structure, expanding the interpretation of parliamentary privileges outlined in Articles 105(2) and 194(2). These privileges are now recognized not only for activities conducted on the legislative floor but also encompass the broader roles and responsibilities of elected officials, even outside of legislative sessions.
This landmark decision also revises the 1998 PV Narasimha Rao judgment regarding parliamentary immunity in cases of bribery, stating that legislators cannot evade prosecution for bribery that influences their votes or speeches within the legislature. This clarification came during the appeal of Jharkhand Mukti Morcha leader Sita Soren, accused of bribery in a 2012 Rajya Sabha election.
The Attorney-General’s argument, suggesting that a Rajya Sabha election vote does not constitute a ‘legislative vote’ under Article 194(2), was refuted. The Court, led by a seven-judge constitution bench including Chief Justice DY Chandrachud, concluded that even votes in the state legislature’s lobby are protected under this article.
In detailing its judgment, the Court explored the constitutional provisions relevant to this issue, emphasizing the distinct roles of the ‘legislature’ and the ‘house of the legislature’ as defined in the Constitution. It highlighted the importance of parliamentary processes, including Rajya Sabha elections, which are crucial to the legislative and democratic framework, asserting these activities are safeguarded by parliamentary privilege.
The Court further clarified the Kuldip Nayar judgment, affirming that Rajya Sabha election votes indeed fall within Article 194(2)’s purview. It accentuated the critical role of the Rajya Sabha and the necessity of safeguarding the election process to ensure the dignity and efficacy of legislative assemblies. The judgment reiterates the significance of free and uncoerced voting by assembly members in Rajya Sabha elections, integral to the democratic and legislative system.
This ruling overturns the previous stance that legislators enjoyed immunity from prosecution for bribery related to legislative actions, thereby reinforcing the accountability and integrity of parliamentary processes. The decision underscores the broad scope of parliamentary privilege, extending beyond mere legislative functions to encompass all duties and activities of elected members, even outside formal sessions.
This historic judgment not only affirms the protective measures around Rajya Sabha elections but also reinforces the upper house’s pivotal role within the basic structure of the Constitution, marking a significant moment in India’s legislative and judicial history.
