Contextualising The Sita Soren Judgement: Understanding The Legislator’s Plight
- IJLLR Journal
- Jul 26
- 1 min read
Praj Boiragi, O.P. Jindal Global University
ABSTRACT
This article critically examines the Supreme Court’s 2024 decision in Sita Soren vs Union of India, which redefined the scope of parliamentary privileges under Article 105(2) and 194(2) of the Indian Constitution. By overruling the majority judgement in P.V. Narasimha Rao vs State, the court held that bribery is neither essential to the functioning nor a part of the voting process protected under the mentioned statutes. The judgement, while laudable in its attempt to reinforce accountability and curbing legislative corruption, weakens institutional safeguards meant to protect the independence of the legislature. This article examines how the court in its zealousness to eradicate bribery produced a narrow interpretation of “in respect of” and used the “necessity test” out of context which leads to legislators being vulnerable to executive overreach via investigative agencies. Finally, it shows the fundamental need to strike a balance between probity and privilege and suggests an alternative functioning which preserves democratic balance by providing legislative autonomy while holding them accountable.
