BREAKING | Supreme Court Rules Against Immunity Of MPs And MLAs In Bribery Cases

Supreme Court overrules immunity in criminal case of bribery as established under PV Narisima Rao. CJI : “Corruption and bribery by legislators destroy the functioning of Indian Parliamentary democracy.”

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NEW DELHI: The Supreme Court Today (4 March) held that MPs and MLAs do not enjoy immunity from prosecution for taking bribe to make a speech or cast a vote in the legislature.

A seven-judge constitution bench headed by Chief Justice D Y Chandrachud unanimously overruled the 1998 verdict delivered by a five-judge bench in the JMM bribery case by which MPs and MLAs were granted immunity from prosecution for taking bribe to make a speech or vote in the legislature.

“We hold that bribery is not protected by Parliamentary privileges.”
-Apex Court.

The Bench led by CJI and comprising Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar and Manoj Misra decided the scope of legislative privileges under Articles 105(2) & 194(2) of Constitution.

Pronouncing the verdict, the CJI said bribery is not protected by parliamentary privileges and the interpretation of the 1998 verdict is contrary to Articles 105 and 194 of the Constitution.

“Bribery Erodes Public Probity”
-CJI

Articles 105 and 194 deal with the powers and privileges of MPs and MLAs in Parliament and legislative assemblies.

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The CJI, who read the operative part of the verdict for the bench, said that bribery is not immune under the articles as it erodes probity in public life.

A bench led by Chief Justice of India DY Chandrachud has also overruled a contrary decision in the PV Narasimha Rao case.

“While analyzing majority and minority decision of Narsimha Rao judgment, we disagree and overrule the judgment that parliamentarian can claim immunity… The judgment of the majority in Narsimha Rao which grants immunity to legislators has a grave danger and thus overruled,”
-the Court held today.

During the hearings, the Central Government argued that bribery should not be shielded by immunity, emphasizing that parliamentary privilege does not intend to exempt lawmakers from legal accountability.

The judgement was reserved after two day-long arguments advanced by a battery of lawyers including the attorney general, the solicitor general, and amicus curiae P S Patwalia, who was assisting the court in the matter.

The seven-judge bench were reconsidering the judgement delivered by a five-judge bench of the Supreme Court in 1998 in the JMM bribery case by which MPs and MLAs were granted immunity from prosecution for taking bribes to make a speech or vote in the legislature.