While making the request to declare the 25-year-old judgment in the PV Narasimha Rao Vs State (CBI) case "per incuriam" (rendered in ignorance of a statute), the Centre also proposed that an in-house committee, to be coined as "speech and vote watch", could be a worthwhile alternative to the judicially mandated guidelines that the seven-judge Constitution bench may consider.
As the bench reserved its verdict on the correctness of the 1998 ruling, the Centre maintained that the controversy could be resolved by the top court holding that the Narasimha Rao judgment is "per incuriam" because it failed to take into account the statutory scheme of the PC Act, which criminalises an act of bribery if takes place outside legislative Houses.
"Instead of declaring Rao not to be a good law, this court may have an option of saying that it is per incuriam because it doesn't take into account the statutory scheme of the PC Act... When everything is outside the House, there is no question of privilege being claimed or immunity being established as a defence," solicitor general Tushar Mehta submitted before the bench led by Chief Justice of India Dhananjaya Y Chandrachud.
この記事は Hindustan Times の October 06, 2023 版に掲載されています。
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この記事は Hindustan Times の October 06, 2023 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
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