A seven-judge Supreme Court bench on Monday overturned its 1998 ruling that allowed lawmakers to go scot-free after receiving bribes for casting votes or making speeches on the floor of the House, holding that “corruption and bribery by members of the legislatures erode probity in public life” and cannot be shielded under the principles of parliamentary privilege.
The bench, led by Chief Justice of India Dhananjaya Y Chandrachud, declared that members of Parliament (MPs) and members of legislative assembly (MLAs) will not have immunity from prosecution for taking a bribe to make a speech or vote in Parliament and state legislatures.
zThe bench also comprised justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar, and Manoj Misra.
Reading out the unanimous verdict on behalf of the bench, the CJI held that individual members of the legislature cannot assert a claim of privilege to seek immunity under Articles 105 and 194 from prosecution on a charge of bribery in connection with the vote or speech in the legislature.
“Such a claim to immunity fails to fulfil the two-fold test, that the claim is tethered to the collective functioning of the House and that it is necessary to the discharge of the essential duties of a legislator,” said the bench, adding corruption and bribery have wide ramifications on public interest, probity in public life and parliamentary democracy.
Article 105(2) lays down that no MP shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof. A corresponding provision giving immunity to members of state legislatures is contained under Article 194(2).
“Bribery is not rendered immune under Articles 105(2) and the corresponding provision of Article 194(2) because a member engaging in bribery commits a crime which is not essential to the casting of the vote or the ability to decide on how the vote should be cast. The same principles apply to bribery in connection with the speech in the House or a committee,” said the bench.
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