This week in Indian law: The Supreme Court referred the question of legislators' bribery immunity under Article 105 to a seven-judge bench in the Sita Soren case, potentially overruling the 1998 PV Narasimha Rao precedent. The 106th Constitutional Amendment on women's reservation received Presidential assent. The legal community awaited the Pankaj Bansal judgment on PMLA arrest obligations. 5 significant legal developments this week across constitutional rights and legislative policy.
Top story
SC Refers Legislators' Bribery Immunity to Seven-Judge Bench
Category: constitutional-rights | Date: 29 September 2023 | Source: Supreme Court of India
A five-judge Constitution Bench referred the question of whether legislators enjoy immunity from criminal prosecution for bribery under Articles 105(2) and 194(2) of the Constitution to a seven-judge bench. The reference arises from the Sita Soren v. Union of India case and potentially sets the stage for overruling the 1998 landmark decision in PV Narasimha Rao v. State (CBI/SPE), which had held by a 3:2 majority that MPs and MLAs who accept bribes for voting in a particular way are immune from prosecution under Article 105(2).
Why it matters: If the seven-judge bench overrules PV Narasimha Rao, it would remove a significant legal shield that has protected legislators from prosecution for Parliamentary bribery for 25 years. The referral signals that a majority of the five-judge bench was inclined to reconsider the 1998 precedent. Criminal law and constitutional law practitioners should closely monitor the larger bench proceedings.
Read more: Veritect analysis
Legislative and policy developments
106th Constitutional Amendment Receives Presidential Assent
Date: 28 September 2023
The Constitution (One Hundred and Sixth Amendment) Act 2023 received Presidential assent on September 28, officially enacting the reservation of one-third of seats in the Lok Sabha and state legislative assemblies for women. The amendment was passed during the Special Session of Parliament (September 18-22) with overwhelming cross-party support.
Key point: While officially enacted, the amendment's implementation remains contingent on the completion of a fresh census and subsequent delimitation exercise. The timeline for these prerequisites is not specified in the amendment itself, creating uncertainty about when women's reservation will actually take effect.
Also this week
- Pankaj Bansal hearing concluded — The Supreme Court hearing on the mandatory nature of written arrest grounds under PMLA Section 19 concluded, with a judgment expected in the first week of October. The case built on months of judicial scrutiny of ED arrest practices.
- Same-sex marriage verdict imminent — The Constitution Bench hearing in Supriyo v. Union of India was concluded, with the verdict on recognition of same-sex marriage expected in October 2023.
- RBI MPC meeting scheduled — The RBI Monetary Policy Committee was scheduled to meet on October 4-6, with the repo rate decision expected to maintain the pause at 6.50%.
Looking ahead
- October 3: SC Pankaj Bansal PMLA judgment — mandatory written arrest grounds for ED
- October 6: RBI MPC repo rate decision
- October 16-17: SC Constitution Bench verdicts expected (same-sex marriage, senior advocate designation)
- October 25: Adani-Hindenburg hearing in SC
This is the Veritect Weekly Legal Roundup for Week 39 of 2023. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.