Bribery Not Protected by Legislative Privileges’: SC Overturns MP/MLA Immunity in Bribe Cases||GOA365

In a historic ruling, the Supreme Court on Monday overturned a 1998 judgment that had granted immunity to members of parliament and legislative assemblies from prosecution for accepting bribes in relation to their votes or speeches in the legislature. The unanimous decision was made by a seven-judge bench led by Chief Justice DY Chandrachud.

The verdict sets aside the earlier judgment in the PV Narasimha Rao case, which had held that MPs and MLAs could claim immunity under Articles 105(2) and 194(2) of the Constitution if they received a bribe in contemplation of a vote or speech in the legislature, as long as they fulfilled their end of the bargain.

The bench stated that the previous ruling had "wide ramifications on public interest, probity in public life, and parliamentary democracy”. The Supreme Court explained that bribery under the Prevention of Corruption Act is considered complete once a bribe is taken, irrespective of whether the receiver follows through on the promise.