In the Indian Penal Code (IPC), a public servant is defined under Section 21. This section enumerates various categories of individuals who are considered public servants by law, including government employees, judges, officers of the court, and others involved in the administration of public duties.

Key Points of Section 21 IPC:

A public servant includes:

1. Government Officials: Any officer in the service of the government, whether appointed by the government or other authority.
2. Judicial Officers: Judges and anyone acting in a judicial capacity, including those appointed to adjudicate disputes.
3. Military Officers: Officers in the armed forces of India, whether on active duty or not.
4. Police Officers: Officers entrusted with maintaining law and order.
5. Public Officers: Those appointed to discharge public duties or responsibilities, whether in connection with a government office or public institution.

In essence, the term covers a wide array of positions, both in civil administration and the judiciary, ensuring that those performing public duties are accountable under the law.

Notable Case Laws:

1. Lalu Prasad Yadav v. State of Bihar (1997)

• Facts: Lalu Prasad Yadav, then Chief Minister of Bihar, was involved in a case concerning the misappropriation of government funds in the fodder scam. His position as a public servant was critical in the determination of his accountability.
• Principle: This case established that individuals holding high public office, such as chief ministers, come within the definition of public servants under IPC Section 21.

1. State of Maharashtra v. Keshav Babulal Pathak (1981)

• Facts: The accused, a public servant, was charged under the Prevention of Corruption Act. His status as a public servant under IPC Section 21 was key in determining the application of corruption charges.
• Principle: The court held that a person working in a public capacity and entrusted with duties of a public nature can be prosecuted under the relevant penal laws.

1. R.S. Nayak v. A.R. Antulay (1984)

• Facts: This case involved A.R. Antulay, who was a public servant accused of corruption during his tenure as Chief Minister of Maharashtra.
• Principle: The Supreme Court discussed the wide scope of the term “public servant,” emphasizing that anyone who holds a position of public authority or responsibility comes under this definition.

Example:

A police officer is a typical example of a public servant under IPC Section 21. If a police officer is involved in accepting a bribe, they can be prosecuted under the Prevention of Corruption Act, along with IPC provisions related to public servants.

MLAs and MLCs as Public Servants

1. Indian Penal Code (IPC), Section 21:

• Under Section 21 of the IPC, a public servant is broadly defined, and MLAs and MLCs fall under this definition because they hold public office and perform public duties by representing people in the state legislatures.

1. Prevention of Corruption Act, 1988, Section 2(c):

• Section 2(c) of the Prevention of Corruption Act, 1988, clearly defines public servants to include any person who is in the service of the government or elected to a legislative body. This includes MLAs and MLCs who hold public office and have responsibilities towards the governance of the state.

Relevance of M. Karunanidhi v. Union of India (1979)

The case M. Karunanidhi v. Union of India (1979) does not focus on the legal status of MLAs or MLCs as public servants. It was a constitutional challenge where Karunanidhi, a Member of the Legislative Assembly (MLA) and the then Chief Minister of Tamil Nadu, challenged the central government’s action of imposing President’s Rule in the state under Article 356 of the Constitution.

Though the status of MLAs and MLCs as public servants was not a direct issue in this case, it is well-established by Indian law that they are public servants by virtue of holding public office, making them accountable under laws such as the Prevention of Corruption Act and the Indian Penal Code for any misconduct or corruption.

Key Points Regarding MLAs and MLCs as Public Servants:

• Accountability: MLAs and MLCs are accountable under the Prevention of Corruption Act and can be charged for offenses like bribery and corruption, as they are public servants entrusted with public duties.
• Judicial Precedent: The Supreme Court has clarified in various cases (like P.V. Narasimha Rao v. State and others) that elected representatives such as MPs, MLAs, and MLCs are public servants.

Conclusion:

While the case M. Karunanidhi v. Union of India (1979) does not specifically deal with whether MLAs and MLCs are public servants, Indian law, including the IPC and the Prevention of Corruption Act, clearly recognizes that they are public servants. They hold public office, discharge public duties, and are thus covered by the legal provisions applicable to public servants.