Sita Soren, a Jharkhand Mukti Morcha (JMM) member, is facing accusations of accepting a bribe in exchange for her vote during the 2012 Rajya Sabha elections. A complaint prompted the Chief Election Commissioner to request a Central Bureau of Investigation (CBI) inquiry. The CBI filed charges against Soren, including bribery, criminal conspiracy, and misconduct under the Indian Penal Code and the Prevention of Corruption Act.

1. PLUTUS IAS

2. Legislators Immunity From
Prosecution
GS2: Polity & Governance

3. ProvisionsRelatedtoImmunityandPrivileges of
Legislators:
• Constitutional Basis: Article 105 of the Constitution outlines powers,
privileges, etc., for Parliament members and committees.
• Article 105(2): Grants MPs immunity from legal proceedings for
their statements and votes in Parliament or its committees and
protects the publication of authorized reports, papers, votes, or
proceedings.
• Extended Immunity: Non-members like the Attorney General and
Ministers speaking in Parliament also enjoy this immunity.
• State-Level Immunity: Article 194(2) extends the same immunity to
MLAs in state legislatures.

4. Current Supreme Court Case:
• Accusation Against Sita Soren: Accused of accepting a
bribe during the 2012 Rajya Sabha elections.
• Soren sought immunity under Article 194(2) but was
rejected by the Jharkhand High Court. She is now
appealing to the Supreme Court.

5. Significance of Privileges:
• Protecting Independence: Ensures lawmakers can perform their duties without
external interference.
• Immunity from Arrest: Allows them to work without fear of legal action.
• Freedom of Speech: Enables open and critical discussions without legal
repercussions.
• Privilege of Confidentiality: Facilitates access to sensitive information for
informed decision-making.
• Privilege of Access: Grants access to critical resources for effective legislative
functions.
• Checks and Balances: Essential for maintaining democratic institution integrity
and efficiency.

6. Challengesand Issues Related to Privileges:
• Scope and Boundaries: Defining the limits of privileges is
challenging while balancing accountability.
• Conflict with Constitutional Principles: Privileges can appear to
conflict with principles like equality before the law.
• Misuse: Instances of misuse have occurred, including
inflammatory statements.
• Lack of Transparency: The process lacks transparency, hindering
accountability efforts.
• Inadequate Oversight: Insufficient mechanisms for monitoring
and enforcing privileges exist.

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