Supreme Court Revokes Immunity for MPs, MLAs in Bribery Cases - 2024-03-04

Supreme Court Revokes Immunity for MPs, MLAs in Bribery Cases

The Supreme Court of India has ruled that members of parliament (MPs) and members of legislative assemblies (MLAs) are not immune from prosecution in bribery cases. This landmark verdict overturns a 1998 judgment that had granted immunity to lawmakers for any speech made or vote cast inside the House.

The verdict was delivered by a seven-judge bench headed by Chief Justice of India D.Y. Chandrachud. The bench held that the immunity granted to lawmakers in the 1998 judgment was contrary to Articles 105 and 194 of the Constitution, which deal with the powers and privileges of MPs and MLAs.

The court said that bribery is not protected by parliamentary privileges and that corruption and bribery by legislators erode probity in public life. It also held that the claim for immunity in such situations fails to pass the test of being necessary to discharge legislative functions.

The verdict has been welcomed by Prime Minister Narendra Modi, who said that it will ensure clean politics and deepen people's faith in the system.

Background

The issue of immunity for MPs and MLAs in bribery cases came up in connection with a no-confidence motion against the P.V. Narasimha Rao government in 1993. The minority government survived with a slim margin, with the support of some MPs who were later accused of taking bribes.

In 1998, the Supreme Court held that the lawmakers' immunity from prosecution extended to their votes and speeches inside the House. This judgment was challenged in the present case.

Significance

The Supreme Court's verdict is a significant step towards ensuring accountability and transparency in Indian politics. It sends a strong message that no one is above the law, not even elected representatives.

The verdict is also likely to have a deterrent effect on corruption in politics. It will make it more difficult for lawmakers to engage in corrupt practices, knowing that they can be prosecuted for doing so.

Keywords

• Bribery
• Corruption
• Parliamentary privilege
• Immunity
• Supreme Court
• P.V. Narasimha Rao
• Articles 105 and 194 of the Constitution