No immunity for cash for vote: Centre clarifies its stand in SC

The immunity available to members of Parliament and state legislatures under the Constitution cannot shield them from prosecution under the Prevention of Corruption (PC) Act if lawmakers accept bribes to vote or ask questions on the floor of the House, the Union government submitted in the Supreme Court on Wednesday.

- Utkarsh Anand

Clarifying its stand before a seven-judge Constitution bench, the Centre maintained that the parliamentary privilege available to MPs and MLAs inside the legislative Houses cannot extend to an act of accepting bribery outside Parliament or state assemblies. Solicitor general Tushar Mehta, appearing for the Centre before the bench led by Chief Justice of India Dhananjaya Y Chandrachud, said the question of immunity under Articles 105(2) and 194(2) of Constitution won't arise in cases where a bribe is offered, and is accepted by a legislator.

"Whether the legislator fulfils his part of the bargain or not; or whether there is a vote cast or a question asked, is immaterial the moment the offence of bribery is complete outside the legislative House. The same is for the reason that if the said offence is complete outside the legislative House itself, the House of any privilege which exists for functions within the halls of the House, does not arise whatsoever," Mehta told the bench.