GUWAHATI: In a significant ruling on March 4, the Supreme Court held that Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) could be prosecuted for taking bribes for speeches or votes in the House, and they cannot claim any immunity under Articles 105 and 194 of the Constitution of India.
Article 105(2) grants MPs immunity from prosecution in respect of anything said or any vote given by them in Parliament or on any parliamentary committee, while Article 194(2) grants the same protection to MLAs.
However, a seven-judge Constitution bench comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, PV Sanjay Kumar and Manoj Misra delivered a unanimous verdict overruling a contrary judgment rendered in 1998 in the PV Narasimha Rao v. State case in which the apex court had said that legislators were immune to prosecution for even taking bribes to vote a certain way in a legislative House.
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"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 stated.
The apex court further said that the immunity given to legislators under Articles 105 (2) and 194 (2) in respect of anything said or done in the Parliament or in a legislative assembly is connected to the collective functioning of the House and does not grant them immunity from allegations of bribery.
“Privilege claimed (immunity to legislators) must have a nexus to the collective functioning of the house and must have a relationship with the essential functions of the legislator which they have to discharge. We hold that bribery is not protected by parliamentary privilege. These provisions are meant to sustain an environment that facilitates free deliberations. However, such an atmosphere would be vitiated if a member is bribed to deliver a speech,” the court said.
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The court has also ruled that just the act of taking a bribe could expose the legislator to criminal charges and that it is not required for the legislator accepting the bribe to do any further act in response to the bribe.
Additionally, the court also clarified that immunities under Articles 105 (2) and 194 (2) of the Constitution would also apply equally to proceedings in the Rajya Sabha, including the election of the Vice-President.
Prime Minister Narendra Modi welcomed this ruling by the Supreme Court and stated on X today, “SWAGATAM! A great judgment by the Hon’ble Supreme Court which will ensure clean politics and deepen people’s faith in the system.”
(With inputs from Bar & Bench)