SC overturns immunity to legislators in bribery cases
Today, a seven-judge Supreme Court Constitution Bench led by Chief Justice of India DY Chandrachud delivered a groundbreaking verdict, asserting that lawmakers in both Parliament and state legislatures can be prosecuted in cases involving bribery.
This ruling overturns a 1998 judgment by a five-member Constitution Bench, which had upheld immunity for lawmakers who received bribes for speeches or votes in the House. That judgment had gone in favour of PV Narasimha Rao, who, in 1991, as the prime minister, had given bribes to a few members of Jharkhand Mukti Morcha to urge them to vote against the no-confidence motion moved against his government.
The court emphasised that bribery does not fall within the realm of parliamentary privileges and that the interpretation of the 1998 verdict contradicts Articles 105(2) and 194(2) of the Constitution. These articles grant legal immunity to elected representatives, allowing them to perform their duties without fear of reprisal.
Chief Justice Chandrachud highlighted that the offence of bribery is established upon the acceptance of illegal gratification, regardless of when the speech or vote occurs.
Following the verdict, advocate Ashwini Upadhyay clarified that legislators accepting bribes to ask questions or cast votes in the legislature will now face prosecution like any other individual accused of corruption. He stressed that this ruling signifies a crucial step in upholding India’s parliamentary democracy.
The seven-judge bench had reserved its order in October after hearing submissions. The other judges on the bench were AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar and Manoj Misra.
Previously, a five-judge bench had referred the matter to a larger seven-judge bench, recognising its significance for the ethical integrity of the polity.
