Rajya Sabha electors require utmost protection, says Supreme Court

"The free and fearless exercise of franchise by elected members of the legislative assembly while electing members of the Rajya Sabha is undoubtedly necessary for the dignity and efficient functioning of the state legislative assembly," the bench said.

News Delhi: The Supreme Court on Monday said electing members of Rajya Sabha required utmost protection to ensure that the vote is exercised freely without fear.

A seven-judge bench led by Chief Justice of India DY Chandrachud said the free and fearless exercise of franchise by elected members of the Legislative Assembly while electing members of the Rajya Sabha was undoubtedly necessary for the dignity and efficient functioning of the State Legislative Assembly.

In its judgment overruling 1998 P V Narasimha Rao, the court said parliamentary privilege was not to be restricted to only law-making on the floor of the House but extended to other powers and responsibilities of elected members, which took place in the Legislature or Parliament even when the House was not sitting.

"The Rajya Sabha or the Council of States performs an integral function in the working of our democracy and the role played by the Rajya Sabha constitutes a part of the basic structure of the Constitution. Therefore, the role played by elected members of the state legislative assemblies in electing members of the Rajya Sabha under Article 80 is significant and requires utmost protection to ensure that the vote is exercised freely and without fear of legal persecution," the bench said.

"The free and fearless exercise of franchise by elected members of the legislative assembly while electing members of the Rajya Sabha is undoubtedly necessary for the dignity and efficient functioning of the state legislative assembly," the bench added.

The court did not agree to a submission by Attorney General R Venkatramani that polling to the Rajya Sabha is not protected by Article 194(2) on the ground that such an election does not form part of the legislative proceedings of the House regardless of the geographical location of the election.