In March 2024, a Supreme Court bench headed by which of the following declared that parliamentary privilege or immunity will not protect legislators from criminal prosecution who accept bribes to vote or speak in Parliament or state legislatures?

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  1. Justice Vikram Nath
  2. Justice JK Maheshwari
  3. Justice Sanjektion Coll
  4. Justice DY Chandrachud

Answer (Detailed Solution Below)

Option 4 : Justice DY Chandrachud
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The correct answer is Justice DY Chandrachud.

Key Points

  • Justice DY Chandrachud is served as the 50th Chief Justice of India.
  • He has been part of several landmark judgments in the Indian judiciary.
  • He is known for his progressive and liberal judgments on issues like privacy, LGBTQ rights, and women's rights.
  • Justice Chandrachud's tenure has been marked by efforts to make the judiciary more transparent and accessible.

Additional Information

  • Parliamentary Privilege:
    • Parliamentary privilege refers to the special rights and immunities enjoyed by members of Parliament and state legislatures, which are essential for them to perform their functions effectively.
    • These privileges include freedom of speech in the legislature, immunity from legal action for statements made in the course of legislative business, and exemption from jury service.
    • However, these privileges are not absolute and can be subject to judicial scrutiny in cases of misuse or criminal conduct.
  • Criminal Prosecution of Legislators:
    • Legislators, like any other citizens, are subject to the rule of law and can be prosecuted for criminal offenses.
    • Accepting bribes to vote or speak in the legislature is a criminal act and can lead to prosecution under the Prevention of Corruption Act, 1988.
    • The Supreme Court's ruling clarifies that parliamentary privilege cannot be used as a shield to protect legislators from prosecution for such criminal acts.
  • Supreme Court of India:
    • The Supreme Court is the highest judicial authority in India, established by the Constitution of India.
    • It has the power to interpret the Constitution, protect fundamental rights, and adjudicate disputes between states or between the union and states.
    • The decisions of the Supreme Court are binding on all lower courts in India.
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