MLAs, MPs In Bribe-For-Vote Cases Cannot Have Immunity, Rules Supreme Court

New Delhi: Elected representatives in parliament and state legislatures are not immune from prosecution in bribery cases, said the Supreme Court on Monday.

A landmark verdict by a seven-judge bench led by Chief Justice of India DY Chandrachud set aside a 1998 judgment in which a five-member Constitution bench had upheld the immunity for lawmakers in cases where MPs or MLAs take bribes for a speech or a vote in the House.

The apex court 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.

“We disagree with the judgment in PV Narasimha (case). The judgment in PV Narasimha which grants immunity to legislators for allegedly bribery for casting a vote or speech has wide ramifications and overruled,” the Chief Justice of India said.

The PV Narasimha Rao case had come up in connection with a no-confidence motion against his government in July 1993. The minority government had survived with a slim margin – 265 votes in favour and 251 against.

“We hold that bribery is not protected by Parliamentary privileges. Corruption and bribery by legislators destroy the functioning of Indian Parliamentary democracy. An MLA taking a bribe to vote in Rajya Sabha elections is also liable under the Prevention of Corruption Act,” the bench said.