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Court has been told that judgement of PV Narasimha Rao Case, which held that a lawmaker was immune to prosecution even if he/she took money to vote on the floor of the House, needs to be relooked in larger public interest
An impleadment application has been filed before the Supreme Court of India in the matter concerning issue of immunity enjoyed by members of State Legislatures under Article 194(2) of the Constitution, 1950, for taking bribes in casting vote.
Advocate Ashwini Upadhyay has approached the court seeking to assist the Constitution Bench, which is currently hearing the matter.
"Corruption cases against influential persons are difficult to conclude due to complexity in prolonged legal procedures in aggregation with their money, political, bureaucratic powers. And if they are at all convicted, punishment/temporary monetary losses have no impact whatsoever on their social, financial & political life", the application adds.
Upadhyay has further submitted that Corruption undermines democracy and rule of law, and leads to violations of human rights, distorts markets, erodes quality of life and allows organized crime like separatism terrorism, naxalism, radicalism, gambling, smuggling, kidnapping, money laundering and extortion and other threats to human security to flourish.
The lawyer has added that the Centre must implement stringent anti-corruption laws in order to give a strong message that it is determined to weed-out corruption, black money generation, benami transactions & money laundering.
"Corruption is the result of unholy alliance between Politicians, Bureaucrats Mafias. The laws are plenty to tackle CORRUPTION but they are weak, full of flaws, outdated and ineffective even when committing serious offences and crimes. People fearlessly entertain corruption knowing fully well that they will walk free due to loopholes in the system and ineffectual anti-corruption laws. In today's globalized, democratized, edifying world, incorruptible governments can be constructed only using incorruptible citizens as their bricks and mortar. Serious involvements of social, economic, political and spiritual personalities are the need of the hour", the applicant has said.
Notably, a plea was filed by Sita Soren, a member of the Jharkhand Mukti Morcha, who was accused of accepting bribe for voting in favour of a particular candidate in the 2012 Rajya Sabha Elections.
Soren filed a petition before the Jharkhand High Court stating that she enjoyed immunity under Article 194(2) of the Constitution, 1950, as per which 'no member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature'.
While the High Court had dismissed her petition, she approached the top court in appeal.
A bench led by CJI DY Chandrachud along with Justices AS Bopanna, MM Sundresh, JB Pardiwala and Manoj Mishra started hearing this case today.
Case Title: Sita Soren vs. Union of India
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