In a significant ruling, the Supreme Court declared on Monday that Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) cannot claim immunity from prosecution for accepting bribes in exchange for making speeches or casting votes in the legislature.
A seven-judge constitution bench, led by Chief Justice D Y Chandrachud, unanimously overturned the 1998 verdict issued by a five-judge bench in the JMM bribery case. The earlier decision had granted immunity to MPs and MLAs from prosecution in cases involving bribes for speeches or votes in the legislature.
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The Chief Justice, while delivering the verdict, emphasized that bribery does not fall under the protection of parliamentary privileges. The court’s interpretation highlighted the contradiction between the 1998 verdict and Articles 105 and 194 of the Constitution.
Articles 105 and 194 specifically outline the powers and privileges conferred upon MPs and MLAs in Parliament and legislative assemblies, respectively. The Chief Justice clarified that bribery is not shielded by these articles, emphasizing its detrimental impact on the integrity of public life. The court’s ruling aims to strengthen accountability and discourage corruption within legislative bodies.
