A seven-judge
bench of the Supreme Court ruled that lawmakers, including Members of
Parliament (MPs) and Members of Legislative Assemblies (MLAs), can be
prosecuted under the Prevention of Corruption Act if they receive monetary
benefits for their votes and speeches in Parliament or Assembly. This decision
overturns the 1998 verdict of the apex court in the PV Narasimha Rao case.
A seven-judge
constitutional bench led by the Chief Justice of India, DY Chandrachud,
unanimously overturned the 1998 judgement delivered by a five-judge bench in
the JMM bribery case. This earlier verdict had provided MPs and MLAs with
immunity from prosecution for accepting bribes to deliver a speech or cast a
vote in the legislature.
Pronouncing the
verdict, CJI Chandrachud said parliamentary privileges do not protect bribery
and that the interpretation of the 1998 verdict is contrary to Articles 105 and
194 of the Constitution.
"An MP or
MLA can't claim immunity from prosecution on a charge of bribery in connection
with the vote or speech in the legislative house," the bench said.
The Supreme Court
further said that corruption or bribery by a member of the legislature erodes
probity in public life, and accepting bribes itself constitutes the offence.
"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 the
law of the land," it said.
Parliamentary
privileges are essentially related to the House collectively and necessary for
its functioning, said the bench.
"Elections
to the Rajya Sabha or to the office of the President or Vice President will
also come under the ambit of constitutional provisions applicable to
parliamentary privilege," the Supreme Court said.