No Immunity for Bribe-Taking MPs, MLAs: Supreme Court Overrules 1998 Narsimha Rao Judgment

No Immunity for Bribe-Taking MPs, MLAs: Supreme Court Overrules 1998 Narsimha Rao Judgment

The Supreme Court on March 4 ruled that members of parliament and state assemblies are not immune from prosecution in bribery cases, overruling a 1998 judgment that had granted them immunity.

The 1998 verdict, known as the PV Narasimha Rao judgment, had held that lawmakers had immunity under the Constitution against criminal prosecution for any speech made and vote cast inside the House.

However, the seven-judge bench led by Chief Justice of India DY Chandrachud said that the 1998 judgment was contrary to Articles 105 and 194 of the Constitution, which deal with the powers and privileges of MPs and MLAs.

“Bribery is not protected by parliamentary privileges and the interpretation of the 1998 verdict is contrary to Articles 105 and 194 of the Constitution,” the court said.

The court noted that corruption and bribery are destructive of the aspirations and deliberative ideals of the Constitution.

“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.

The court’s ruling came in response to a petition filed by former Jharkhand MLA Sita Soren, who was accused of taking a bribe to cast a vote in a Rajya Sabha election.

The court said that the offence of bribery is agnostic to the performance of the agreed action and crystallized on the exchange of illegal gratification.

“It does not matter whether the vote is cast in the agreed direction or if the vote is cast at all. The offence of bribery is complete at that point in time,” the court clarified.

The court’s ruling is a significant blow to the immunity enjoyed by MPs and MLAs, and is likely to have a major impact on the way corruption cases are prosecuted in India.

Keywords:

• Bribery
• Parliamentary privilege
• Supreme Court
• Corruption
• Immunity
• Constitution
• Articles 105 and 194
• Rajya Sabha
• President
• Vice President
• Sita Soren
• Jharkhand
• Illegal gratification