Legislators are not above the law. Criminal and civil proceedings can lie against MPs and MLAs for personal wrongs, corruption or false election affidavits, but different routes apply depending on the grievance.

Privileges are limited

Articles 105 and 194 of the Constitution protect speech and votes in the House, not general criminal conduct. In 2024, a seven-judge Bench in Sita Soren v. Union of India overruled the earlier P.V. Narasimha Rao decision and held that legislators cannot claim immunity from prosecution for bribery connected with votes or speeches in the House.

Criminal complaints

• A complaint for ordinary offences such as cheating, assault or intimidation can be filed through the police or directly before the Magistrate.
• On the directions of the Supreme Court in Ashwini Kumar Upadhyay v. Union of India, special courts have been set up in states to try cases against sitting and former MPs and MLAs.
• For corruption, the Prevention of Corruption Act applies, and prior sanction may be required under Section 19 depending on the office and conduct. This area is technical, and legal advice is essential before filing.

Election-related remedies

• Election petition before the High Court within 45 days of the declaration of result, on grounds including corrupt practices under the Representation of the People Act, 1951.
• False affidavit: concealment of criminal cases, assets or liabilities in nomination papers may attract prosecution and challenge to election. The Supreme Court in PUCL v. Union of India (2003) recognised voters' right to know such details.
• Disqualification: following Lily Thomas v. Union of India (2013), a legislator convicted and sentenced to two years or more stands disqualified immediately.

Lokpal and Lokayukta

The Lokpal and Lokayukta Act, 2013 provides for complaints against public servants including MPs at the central level, and states have their own Lokayukta laws.

Cautions

Allegations must be supported by evidence. Baseless accusations can lead to defamation or malicious-prosecution claims. A well-prepared complaint, annexing documents and public records, is far more likely to survive scrutiny.

Need Guidance? Contact KC LEGAL

For more information or to discuss your matter with our advocates, call or WhatsApp +91 98311 90819, write to info@kclegal.us, or use our contact form. Our office is at Olisa House, 10th Floor, 4 Government Place, Kolkata 700001.

This article is for general information only and is not legal advice. Law and procedure change; please verify the current position for your specific case. Last reviewed: November 2026.