No immunity for MPs, MLAs taking bribe to vote, make speech

NEW DELHI: Lawmakers taking bribes to vote or make a speech in the House are not immune from prosecution, the Supreme Court said on Monday in a landmark, unanimous verdict that overrules its 1998 judgment protecting such lawmakers.

Observing that corruption and bribery of members of the legislature erode the foundation of Indian parliamentary democracy, a seven-judge constitution bench headed by Chief Justice DY Chandrachud overruled the apex court’s fivejudge bench’s 1998 verdict in the JMM bribery case - involving five party leaders accepting bribes to vote against the no-confidence motion threatening the PV Narasimha Rao government in 1993.

“Bribery is not protected by parliamentary privileges,” said the bench, also comprising Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar and Manoj Misra.

Stating that “corruption and bribery by members of the legislatures erode probity in public life”, the apex court held that a five-judge bench’s interpretation in the 1998 verdict in the JMM bribery case was contrary to Articles 105 and 194 of the Constitution.

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

“It (corruption and bribery) is destructive of the aspirations and deliberative ideals of the Constitution and creates a polity which deprives citizens of a responsible, responsive, and representative democracy,” the CJI said while reading out the operative part of the verdict.

Analysing the reasoning of the majority and minority in the 1998

The 1998 verdict has wide ramifications on public interest, probity in public life and parliamentary democracy

verdict in the PV Narasimha Rao versus CBI case, the court said it has independently adjudicated on all aspects of the controversy - essentially whether by virtue of Articles 105 and 194 of the Constitution, the MP or MLA can claim immunity from prosecution on a charge of bribery in a criminal court. “We disagree with and overrule the judgment of the majority on this aspect,” the CJI said.

— Seven-judge bench of SC