A seven-judge bench in the Supreme Court held that lawmakers, including MPs and MLAs, are liable to be prosecuted under the Prevention of Corruption Act if they receive monetary benefits for their votes and speech in Parliament or assembly, overruling the 1998 verdict of the apex court in PV Narasimha Rao case.
A seven-judge constitution bench headed by Chief Justice of India DY 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 a bribe to make a speech or vote in the legislature.
Pronouncing the verdict, CJI Chandrachud 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.
“An MP/MLA can’t claim immunity from prosecution on a charge of bribery in connection with the vote or speech in the legislative house,” the ruled the seven-judge bench.
The SC said corruption or bribery by a member of legislature erodes probity in public life and accepting bribes itself constitutes the offence.
“To give any privilege unconnected to the functioning of Parliament or legislature will lead to creating a class that enjoys unchecked exemptions from the operation of law of the land,” it said.
Parliamentary privileges are essentially related to the House collectively and necessary for its functioning, said the seven-judge bench.
“Elections to Rajya Sabha or to the office of the President/Vice President will also come under the ambit of Constitutional provisions applicable to parliamentary privilege,” the Supreme Court said.
