The court overruled a 1998 judgment by a five-member constitution bench that gave immunity to elected representatives from prosecution in bribery cases.
The Supreme Court on Monday overruled the 1998 verdict that granted immunity to MPs and MLAs form prosecution in bribe-for-votes cases. The top court ruled that Members of Parliament and state assembly lawmakers are not immune from prosecution in bribery cases.
A seven-judge bench of the Supreme Court held that the MPs and MLAs will be prosecuted under the Prevention of Corruption act if they accept bribe for their votes and speeches in Parliament or state assemblies.
The bench-headed by Chief Justice of India DY Chandrachud unanimously set aside the 1998 verdict in the JMM bribery case by which MPs and MLAs were granted immunity from prosecution.
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“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 top court said.
The seven-judge bench said that cases of bribery are not protected by parliamentary privileges and the 1998 verdict is contrary to Article 105 and 194 of the Constitution.
The Article 105 and 194 grants legal immunity to MPs and MLAs from prosecution in order to give them freedom.to work without fear.
“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,” the court said.
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