Searching Case Laws & Precedent on Legal Query.....!

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• MLA and Public Servant - According to the majority of sources, Members of Legislative Assemblies (MLAs) are not considered public servants within the meaning of Section 21 of the Indian Penal Code (IPC). The key reason is that the definition of 'public servant' in Section 21 IPC explicitly excludes legislators such as MLAs and MPs. For instance, ["KULDEEP SINGH SENGAR Vs CENTRAL BUREAU OF INVESTIGATION - Delhi"] states: it appears that MLA is not a public servant within the meaning of the expression in clause (12)(a), clause (3) and clause (7) of Section 21 IPC. Similarly, ["Kuldeep Singh Sengar vs Central Bureau Of Investigation - Delhi"] emphasizes that MLA is not a Public Servant within the meaning of Section 21 IPC, citing the Supreme Court's decision in Antulay's case, which held that Members of the Legislative Assembly (MLAs) do not fall within the ambit of 'public servant' as defined under Section 21 of the Indian Penal Code.

• Judicial Interpretations - The Supreme Court and various courts have consistently held that MLAs are outside the scope of 'public servant' as per Section 21 IPC. Notably, ["Sushil Modi VS Mohan Guruswamy - Delhi"] and ["L. K. ADVANI VS CENTRAL BUREAU OF INVESTIGATION - 1997 0 Supreme(Del) 324"] refer to the Antulay case (AIR 1984 SC 684), where the Court explicitly ruled that an MLA is not a public servant within the meaning of section 21 of the IPC. This interpretation is based on the legislative history and the purposive construction of the section, which excludes legislators from the definition.

• Statutory Amendments and Exceptions - Some statutes, like the Rajasthan Municipalities Act, 1959, create a legal fiction deeming certain members as public servants for specific purposes. For instance, ["Manish Trivedi VS State of Rajasthan - Rajasthan"] notes that Section 87 of the Rajasthan Municipalities Act, 1959 makes every Member to be public servant within the meaning of Section 21 of the IPC, but this is specific to that statute and does not alter the general legal position established by courts regarding MLAs.

• Historical and Legislative Context - Several sources, such as ["Abhaynarayan Pandey vs Laliteshwar Shrivastava (Deleted) - Chhattisgarh"] and ["Ramesh Balkrishna Kulkarni VS State Of Maharashtra - Supreme Court"], explain that historically, MLAs were not included in the definition of 'public servant' in Section 21 IPC. The Santhanam Committee and subsequent amendments have not expanded this definition to include legislators, reaffirming the Court's interpretation.

Analysis and Conclusion:Based on the consistent judicial rulings, especially the authoritative Supreme Court decisions, MLAs are not considered public servants within the meaning of Section 21 IPC. The legislative history, judicial interpretation, and statutory provisions support this conclusion. Therefore, MLAs do not fall under the category of 'public servant' as per Section 21 IPC, and acts involving MLAs would not typically be prosecuted under provisions that require the actor to be a public servant.