Photo of Soham Bamane

Associate in the White Collar/Investigations Practice at the Mumbai office of Cyril Amarchand Mangaldas. He can be reached at soham.bamane@cyrilshroff.com.

Sita Soren vs. Union of India: The Interplay between Anti-Corruption Laws and Legislative Immunity

In the recent landmark ruling of Sita Soren vs. Union of India,[1] a constitution bench of the Supreme Court unanimously ruled on, inter alia, the liability of a Member of Parliament with respect to bribery under the Prevention of Corruption Act, 1988 (“PCA”), and the legislative immunity granted by the Constitution under Articles 105 and 194. This judgement overruled a long-standing position of law, laid down in PV Narasimha Rao vs. State (CBI/SPE ), which dealt with a Member of Parliament’s immunity from prosecution on charges of bribery in a criminal court.[2] This article analyses the position of anti-corruption provisions and its impact in view of the observations in Sita Soren.Continue Reading Sita Soren vs. Union of India: The Interplay between Anti-Corruption Laws and Legislative Immunity