Adversitement
Supreme Court Rules MPs, MLAs Not Immune from Prosecution for Bribery
Published On : 2024-03-04T15:59:01+0530 [ IST ] |
Author : Mayur_Tembhare
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India / New Delhi :
In a significant ruling, the Supreme Court's Constitution Bench declared that Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) cannot claim immunity from prosecution in bribery cases linked to their votes or speeches in the legislature. The unanimous decision overturned the 1998 judgement in the PV Narasimha Rao case, marking a pivotal shift in parliamentary accountability.
Chief Justice DY Chandrachud, leading the bench, emphasized that corruption and bribery by legislators undermine the core principles of Indian democracy. The bench held that bribery does not warrant immunity under Article 105 or 194 of the constitution, dismissing the interpretation set forth in the PV Narasimha Rao case.
According to Chief Justice Chandrachud, the offence of bribery committed by a legislator is a criminal act, independent of their parliamentary duties. The court's ruling ensures that MPs and MLAs can be prosecuted for accepting bribes, without the shield of parliamentary immunity.
Advocate Ashwini Upadhyay, commenting on the verdict, highlighted that legislators accepting bribes for questions or votes will face prosecution, without any special privileges. He underscored the court's assertion that bribery in the legislature undermines India's democratic values.
The Supreme Court's decision comes after a bench of seven judges, including Chief Justice Chandrachud and others, heard submissions and reserved the order in October. The referral of the matter to a larger bench underscored its significance in addressing ethical standards in politics.
The court clarified that the purpose of Article 105(2) and Article 194(2) is to ensure parliamentary freedom, not to shield legislators from accountability. By overturning the immunity granted in bribery cases, the Supreme Court reaffirmed the importance of upholding integrity and accountability in the legislative process.
Tags : prosecution , immunity , PV Narasimha Rao case , Bribery , MLAs , Supreme Court , MPs , Constitution Bench ,
Summary : The Supreme Court, in a landmark verdict, overturned the immunity granted to Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) in bribery cases related to their votes or speeches in the legislature. The unanimous decision by a seven-judge Constitution Bench overruled the 1998 judgement in the PV Narasimha Rao case, stating that corruption and bribery by legislators undermine the functioning of Indian democracy. The ruling clarifies that MPs and MLAs can be prosecuted for accepting bribes, emphasizing the importance of upholding parliamentary integrity and accountability.
Adversitement