judgement
Subject : Constitutional Law - Parliamentary Privileges
Bribery Not Protected by Parliamentary Privilege, Rules Supreme Court
Background
A five-judge bench of the Supreme Court of India has ruled that members of Parliament (MPs) and state legislatures (MLAs) are not immune from prosecution for bribery under the Prevention of Corruption Act, 1988.
The judgment comes in response to a reference made by a three-judge bench in 2023, which doubted the correctness of a 1998 Supreme Court decision in PV Narasimha Rao v. State (CBI/SPE).
Legal Question
The legal question before the Court was whether the immunity granted to MPs and MLAs under Articles 105(2) and 194(2) of the Constitution extends to the offence of bribery.
Arguments Presented
Arguments in Favor of Immunity:
Arguments Against Immunity:
Court's Analysis and Reasoning
The Court, in its judgment, analyzed the provisions of Articles 105(2) and 194(2) of the Constitution and the relevant provisions of the Prevention of Corruption Act, 1988.
The Court held that the expression "in respect of" in Articles 105(2) and 194(2) must be interpreted narrowly and does not extend to the offence of bribery.
The Court reasoned that the object of Articles 105(2) and 194(2) is to ensure the independence of legislators for the healthy functioning of parliamentary democracy.
However, the Court held that immunity from prosecution for bribery would place MPs and MLAs above the law and would be repugnant to the healthy functioning of parliamentary democracy and subversive of the rule of law.
The Court also noted that the international trend is that legislators are liable to be prosecuted for bribery in connection with their legislative activities.
Decision
The Court concluded that the majority judgment in PV Narasimha Rao (supra) is incorrect and that neither MPs nor MLAs enjoy immunity from prosecution for bribery under Articles 105(2) and 194(2) of the Constitution.
Significance
The judgment is a significant development in Indian constitutional law and has the potential to strengthen the fight against corruption in public life.
#ParliamentaryPrivilege #Bribery #RuleOfLaw
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