Jyoti K Chaudhary

Patent illegality vis-à-vis Infrastructure Arbitration

How do you explain your inaction against Patanjali for years? Supreme Court slams Uttarakhand Licensing Authority

Why Supreme Court warned Indian Medical Association President of serious consequences in Patanjali case

Anand Vardhan takes over as Piramal Group General Counsel

Supreme Court grants bail to man accused of non-consensual, unnatural sex against wife

2008 Serial Blasts: Delhi High Court denies bail to three Indian Mujahideen operatives

Vipin Nair elected President of Supreme Court Advocates-on-Record Association

Patanjali case: Uttarakhand licensing body apologises to Supreme Court

Hate Tracking handle Hindutva Watch moves Delhi High Court against blocking of X account

Why Madhya Pradesh High Court ordered Bar Council to assess mental state of a lawyer

Madhya Pradesh High Court denies relief to man convicted for planting explosive while posing as Muslim

Chief Minister not immune but...Arvind Kejriwal to Supreme Court

School Jobs for Cash Scam: Supreme Court orders no CBI action against West Bengal officials for now

Against national interest for CM Arvind Kejriwal to absent himself for long: Delhi High Court

Why Delhi High Court rejected plea seeking 6-year poll ban on PM Narendra Modi

Delhi High Court refuses to entertain PIL by former ED officer against ED and Section 66 PMLA

Today's Top Stories

Delhi High Court restrains Ashneer Grover from selling shares given by BharatPe co-founder Bhavik Koladiya

Naresh Goyal moves Bombay High Court for bail in PMLA case

SCL India to host International conference on Construction Arbitration in Mumbai on May 4

DHCBA files petition for expansion of Delhi High Court building, more courtrooms 

Piramal Group General Counsel SK Honnesh joins Kotak Mahindra Bank

White & Case Partner Sayak Maity joins Linklaters in Singapore

Jammu and Kashmir High Court refuses to quash defamation trial against Greater Kashmir

Do lawyers have to join a bar association after enrolment? Telangana High Court seeks BCI response

Co-operative Society Employees entitled to benefits under labour laws

Plea before Bombay High Court seeks allotment of 100 acres in Goregaon for new HC building 

Trilegal Counsel Anurag Shrivastav joins JSA as Partner

BJP leader files defamation case against Arvind Kejriwal, Atishi

Sharing Google pin location as bail condition hit by right to privacy under Article 21: Supreme Court

Well-meaning teacher not liable for suicide of hypersensitive student: Punjab & Haryana High Court

Why is State filing appeal against CBI probe into private party? Supreme Court in Sandeshkhali case

News

IBC provides best case scenario only for financial creditors, operational creditors losing: Om Prakash Ellanty

When government tells you what is right and wrong, it is not a democracy: Mishi Choudhary on Fact-Checking Units

Calcutta High Court has become a dumping ground for unwanted elements: Justice Sanjib Banerjee [Part II]

One Nation One Election: Former Chief Election Commissioners divided on expert panel report

Reporting corrupt judges who had friends in high places to CJI resulted in my transfer: Justice Sanjib Banerjee [Part I]

Interviews

A defense of ex-ante regulations and the Digital Competition Bill

Lawyers who shaped AAP’s legal defence over the years

MK Ranjitsinh v. Union of India: The Supreme Court's very own Sophie's Choice moment

A Marxist in the Supreme Court: Justice Chinnappa Reddy

Section 29-A: The elusive quest for expeditious dispute resolution

Beyond 'non-lawyers': Empowering allied professionals in India's legal landscape

Lok Sabha Elections 2024: Five judgments that showcase why elections in India are festivals of democracy

[Advocate's Diary] Essentials of a civil suit: Amendment of pleadings, return and rejection of plaints 

PM in your DMs: Privacy, politics and digital governance

Should the five-year law degree be reduced to a shorter duration?

Sharing is caring? The legal ramifications of defamatory retweets

How Priyadharshni Rahul fought against dowry demands, studied law and became a Supreme Court lawyer

EVM-VVPAT: History, controversy and how to vote

DMRC vs DAMEPL: A contest stranger than fiction

The Obiter Truth: The Ask

Traversing India's Intellectual Property landscape: Insights from the International IP Index

Columns

Trust Legal advises Yuvraj Singh on collaboration as official ambassador for ICC Men’s T20 World Cup 2024

Khaitan, JSA act on Texmaco Rail and Engineering QIP

SNG & Partners acts on Issuance of Non-Convertible Debentures by Vistaar Financial Services

VERTICES PARTNERS, Wadia Ghandy act on Gojo & Company investment in Ananya Finance

Khaitan, JSA act on Angel One QIP

SNG & Partners acts on Xcelerate acquisition of stake in Stirrup Communication Consultants 

Pioneer Legal, Trilegal, Aarambh Legal, VERTICES PARTNERS act on Altum Credo Series C fundraise

JSA assists in institutional placement of units by National Highways Infra Trust

BMW to drive with Tata: Khaitan and SAM on this JV

DSK Legal, Allen & Overy act on ReNew Energy and JERA Co joint project 

Pioneer Legal, Quillon, JM+P, Trilegal act on 360 OLVF investment in Rapidue

Khaitan & Co acts on Z3Partners investment in Wow Momo

Rajani Associates acts on ChrysCapital investment in La Renon Healthcare

Khaitan & Co, Shardul Amarchand Mangaldas act on Chalet Hotels QIP

AZB, Cyril Amarchand Mangaldas act on BlackRock - Jio Financial Services JV

Dealstreet

Group Companies Doctrine: Application of the Doctrine at the Referral Stage

Strategic Considerations before Incorporating Companies in Singapore

Wrongful interpretation of contract by Arbitral Tribunal - A violation of the Principles of Natural Justice

Harmony or Discord? Decoding Sections 9 and 17 of the Arbitration Act

Understanding Drag-Along Rights

Gujarat High Court on Attorney-Client Privilege in context of search and seizure operations under tax laws

Cybersquatting

Digital Personal Data Protection Act, 2023 - Impact on Banking Sector Outsourced Services

Enforceable Marketing Code for Pharma and Medical Device Companies

Can government lessor demand unearned increase in value from perpetual lessee when lessee merges with another company?

Navigating the legal landscape: Essential tips for doing business in India

Potential approach for Artificial Intelligence governance in India

Modality of GST on Hostel Rent settled by Madras High Court?

Supreme Court answers whether the period of limitation for filing execution petition is 3 years or 12 years

The Viewpoint

NALSAR wins the National Moot Court competition held at NMIMS Mumbai

Jindal Global University enters into MoUs with seven leading Japanese universities 

NLUD emerges Semi-finalists in the international rounds of the 21st Oxford International IP Moot Court Competition

Pratapsinh Salunke takes over as Registrar in-charge at MNLU Mumbai

NLU Delhi emerges as Quarter-Finalists in the International Rounds of the 65th Philip C. Jessup International Law Moot

All you need to know about Alliance School of Law

UPSC 2023 results: How many law graduates cleared the exam?

RGNUL wins the 8th National Moot Court Competition held by Law College Dehradun

NALSAR emerges Semi-finalist in the 28th Stetson International Environmental Moot in Florida

NPAC course on Arbitration Law to begin on May 2 - Register now!

Manupatra releases survey report on experience of law students in learning through technology

Vivekananda Institute of Professional Studies wins the 6th National Moot Court Competition by GIBS

NLSIU Bangalore receives largest ever grant as JSW Group funds new academic block

Institute of Law, Nirma University wins the Delhi Metropolitan Education Moot Court Competition, 2024

Apprentice Lawyer

Litigation Law Office is looking to hire Associates in New Delhi

AMS Legal is looking to hire Principal Associate in Chennai

India International Jurists LLP is looking to hire Advocates in multiple profiles in New Delhi

Government Counsel for National Capital Territory of Delhi is looking to hire Associates

Law firm AQUILAW is looking to hire Labour Law and Employment Law Lawyer in multiple cities

Sarvottam Law Offices is looking to hire Senior Associates in New Delhi

Boutique Law Firm is looking to hire Senior Associate in Chennai

Litigation Chambers looking to hire Junior Associates

Pravda Law Associates is looking to hire Senior Associate / Associate in Chennai and Delhi

AKS Partners is looking to hire Principal / Senior Associate in Delhi

Esteemed Ed-Tech LLP is looking to hire Legal Counsel in Hyderabad

SD Partners is looking to hire Senior Associate / Associate in Delhi NCR and Mumbai

Bar & Bench is hiring a Social Media Manager

Law Office specializing in criminal and matrimonial laws looking to hire Associate in Delhi

Prosoll Law is looking to hire Associate - White Collar Crime in Delhi

MCO Legals (Meharia and Company) is looking to hire Associates in Delhi and Mumbai

Wadhwa Law Chambers is looking to hire IP Litigation Associates in Delhi

Kamal Gupta & Co is looking to hire Senior and Junior Associates in Delhi

AKS Partners is looking to hire Associates in Delhi

Migration and Asylum Project is looking for fellows to join Catalyst for Change Fellowship

SS Rana & Co is looking to hire for multiple roles in Delhi

ASP Advocates is looking to hire Senior Associate and Associate in Delhi

Areete Law Offices is looking to hire Senior or Principal Associates in Delhi

Chambers of Shirin Khajuria, Senior Advocate, Supreme Court is looking to hire Associate in Delhi

Jain Singh & Co is looking to hire Associates in Delhi

ATS Infrastructure Limited is looking to hire Legal Associates in Noida

Enact Legal is looking to hire Associates in Mumbai

Regius Legal LLP is looking to hire Litigation Associate in Mumbai

Circle of Counsels is looking to hire Associate / Senior Associate in Delhi

Yellow Wire Consulting brings exciting opportunity for Legal Recruitment Consultant

Legal Jobs

Bar & Bench

IBC proceedings are time bound; belated claim by creditor cannot be considered: NCLAT

Debayan Roy

Jet Airways lenders move Supreme Court against NCLAT order upholding Jalan-Kalrock Consortium resolution plan

Ayesha Arvind

'Free of cost' copy of final order sent by NCLT registry is not certified copy: NCLAT

Prashant Jha

NCLAT sets aside insolvency proceedings against Dream 11 parent company

Arka Majumdar

Juhi Wadhwani

Vikram Chaudhuri

Ayush Chaturvedi

NCLAT Fortnightly: Important orders on IBC (March 1 – March 15, 2024)

NCLAT stays insolvency process against Deccan Charters

NCLAT Fortnightly: Important orders on IBC (February 16 – February 29, 2024)

NCLAT Fortnightly: Important orders on IBC (February 1 – February 15, 2024)

NCLAT Fortnightly: Important orders on IBC (January 16 – January 31, 2024)

Neha Joshi

104-year-old PSU Bridge and Roof escapes insolvency after NCLAT quashes NCLT order 

NCLAT gets three new members; two members to join Chennai Bench soon

NCLAT stays insolvency process against Dream 11 till February 23

Narasimhan Vijayaraghavan

On October 4, 2023, <a href="https://www.barandbench.com/news/constitution-bench-supreme-court-reserves-verdict-whether-legislators-immune-bribery-cases">a seven-judge Constitution Bench</a> headed by Chief Justice of India (CJI) DY Chandrachud and comprising Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar and Manoj Misra began hearing on a ‘re-look’ at the 1998 Constitution Bench decision in the <a href="https://indiankanoon.org/doc/45852197/" rel="nofollow">PV Narasimha Rao case</a>, which upheld the immunity of lawmakers from criminal prosecution for alleged ‘vote for money’ conduct in a no-confidence motion in Parliament.

The core issue flagged was,“...above all, it must be noted that the purpose of Article 105 (2) and 194(2) is to ensure that members of the Parliament and that of the state legislatures are able to discharge their duties in an atmosphere of freedom, without fear of the consequences which may follow for the manner in which they speak or exercise their right to vote on the floor of the House. The object clearly is not to set apart the members of the legislature as persons who wield higher privileges in terms of immunity from the application of the general criminal law of the land which citizens of the land do not possess.”

The case before the apex court - Sita Soren v. Union of India - arises from allegations that Soren, a former member of the Jharkhand Legislative Assembly, accepted a bribe in exchange for voting in favour of a particular candidate in the 2012 Rajya Sabha elections.On September 20, 2023, the Supreme Court of India overruled the Modi government objection to a referral of the issue to a larger bench of seven judges and identified the following question to go under the scanner:Whether a member of Parliament or State Legislature enjoys immunity from prosecution for the offence of bribery in relation to his vote or speech in Parliament or State Legislature?

Soren argued that she was immune from prosecution under Article 105(2) [&amp; 194(2)] of the Constitution, which grants immunity to members of Parliament and legislative assemblies (MPs and MLAs) from prosecution for anything said or done in Parliament or a state legislature. However, the Supreme Court expressed doubts about the scope of this immunity the representatives have been enjoying, particularly, even in cases of bribery.

To an ordinary mortal, it may boggle the mind that a lawmaker enjoyed such an exalted privilege, as if an emperor, which a commoner did not. After all, the elected representative was a ‘servant of the people’. He or she was sent to the legislature to be vox populi. Surely, indulging in bribery and to speak or vote for lucre cannot be part of a lawmaker’s ‘duty’. To We the People, it may seem anachronistic that the 1998 PV Narasimha Rao judgment went the way it did, and has survived as good and binding law for 25 years now. We may feel the reference was long overdue.

From a constitutional perspective, the intent and content of the Constitution are sacrosanct and supreme. Not our feelings, emotions or perceptions. The privilege and immunity are meant for the mythical lawmaker with impeccable credentials of probity, honesty and integrity. Merely because the mettle of the ‘concerned’ lawmaker proved to be that of a lesser mortal or tainted being, constitutional principles cannot be forsaken or whittled down.

That is where the mysterious ways of law and constitutionalism may kick in.

The Constituent Assembly of India (1946-49) debated Article 105(2) of the Constitution, which grants immunity to MPs from criminal prosecutions when they speak or vote in Parliament. Some members of the Assembly argued that the immunity was necessary to protect the freedom of speech and expression of members of Parliament and to ensure that they could freely debate and discuss important issues without fear of legal repercussions. They argued that if MPs were constantly worried about being sued for defamation or other offenses, they would not be able to speak their minds freely.Other members of the Assembly argued that the immunity was too broad and that it allowed MPs to get away with crimes. They argued that there should be some limits on the immunity, such as to prevent MPs from using their immunity to commit serious offenses.The Assembly ultimately decided to adopt Article 105(2) and 194(2) with the broad immunity provision. However, the Assembly also adopted a number of safeguards to prevent MPs from abusing their immunity. For example, the Assembly made it clear that the immunity does not apply to cases where an MP has committed a serious crime, such as treason or murder.

The Constituent Assembly debate on Article 105(2) reflected the difficult balance that the framers of the Constitution had to strike between protecting the freedom of speech and expression of members of Parliament and ensuring that they were held accountable for their actions.

We follow the Westminster model, a British legacy. The constitutional law in England for privileges and immunity of parliamentarians from criminal prosecution for speech made or votes rendered in Parliament is based on Article IX of the Bill of Rights, 1689. It states that members of Parliament are immune from criminal prosecution for anything they say or do in Parliament, for both speech and votes. The Speech &amp; Debate law in the USA may offer no different solutions.

In constitutional democracies, it would appear that if a lawmaker took a bribe outside the legislature and delivered on his promise by speaking or voting as committed, the constitution commends the immunity from criminal prosecution as a parliamentary privilege. It is not condoning the crime. It is in recognition of free speech and independence of our lawmaker. If our lawmaker chooses to sell his speech or vote, our remedy may only be to throw him or her out in the hustings. For the Constitution says so, and it alone is supreme. Or so one believes.Yet, if one has read the tea leaves right, from the exchanges during the seven-judges Bench hearings over two days, it would appear that the law lords may unsheathe the immunity where the alleged crime of bribery got ‘concluded’ outside the house. The provisions of the Prevention of Corruption Act,1988 may save the day for you and I as We the People. That is a gut feel.

We will, however, have to wait for what the law lords on the seven-judges Bench may yet pronounce.

Narasimhan Vijayaraghavan is a practicing advocate in the Madras High Court.

Immunity to legislators: Morally repugnant, constitutionally protected?

Litigation Columns (Columns)

Litigation Columns

Permission for political rallies cannot be refused citing hindrance to traffic: Madras High Court

Madras High Court upholds ‘right to be forgotten’ of rape accused who was acquitted

Delhi High Court's disaster recovery centre opened in Madras High Court to back up data, software

Meera Emmanuel

Madras High Court quashes POCSO charges, child marriage case against man citing plight of children born from the union

[Sunday hearing] “Courts must have due regard for religion”: Madras High Court allows undertrial to attend father’s last rites

Palani temple not a picnic spot; non-Hindus cannot be allowed inside without written undertaking: Madras High Court

Wife removing uterus due to cancer leaving her unable to conceive not cruelty to husband: Madras High Court

Arrested ED officer Ankit Tiwari moves Madras High Court for bail in bribery case

Madras High Court orders CBI probe after litigant claims to be sitting judge of Punjab & Haryana High Court

Justice Anand Venkatesh transferred to Madurai bench of Madras High Court as per new roster

Article 21 applies to refugees too: Madras High Court orders ₹5 lakh compensation for Sri Lankan kin of child who died in refugee camp

Madras High Court quashes FIR against student Lois Sophia who shouted anti-BJP slogan on flight

V Senthil Balaji arrest: Madras High Court cancels bail granted to 15 persons who attacked IT officials during search

Wife initiating litigation for vindication of her rights not mental cruelty: Madras High Court 

Police personnel authorised to act against illegal mining, seize vehicles: Madras High Court Full Bench

Take action against lawyers presiding over marriages in their offices, issuing marriage certificates: Madras High Court to TN Bar Council

Madras High Court orders State to provide free education, ₹1.2 lakh annual maintenance to child born due to botched tubectomy

Public servants are like school children; look forward to public holidays: Madras High Court

Our relationship with the judiciary is excellent; don't call difference in opinion a crisis: Law Minister Kiren Rijiju

BJP's Prashant Umrao moves Madras High Court for anticipatory bail; denies posting tweet about alleged attack on Bihari migrants workers

Jayalalithaa death: Madras High Court stays Arumughaswamy Commission recommendation for probe against former Health Minister Vijayabaskar

Shut down fake websites of temples, ensure devotees don't fall prey and make donations: Madras High Court to State

Madras High Court directs State to pay compensation of ₹10 lakh each to 2 boys injured in firecracker explosion at Sivakasi

Madras High Court reduces life sentence of woman who set her minor daughter on fire

Madras High Court invokes no fault liability principle to grant ₹5 lakh compensation to kin of man who died after falling into pit on public road

Individual

Subscription given you access to Bar & Bench archives of legal developments since Aug 2009. 

Our subscription includes unlimited access to 
600+ interviews, 
800+ specialized subject matter columns & 
10000+ news articles & relevant judgments. 

Law school 

Jyoti K Chaudhary

Articles by Jyoti K Chaudhary

Patent illegality vis-à-vis Infrastructure Arbitration

Jyoti K Chaudhary

|

2 weeks ago

Stay updated on the latest developments:

News

Interviews

Columns

Others

Law Firms