A seven-judge Constitution Bench of the Supreme Court on Monday ruled that an MP or MLA cannot claim immunity from prosecution on a charge of bribery in connection with the vote or speech in the Parliament or Legislative Assembly.
In an unanimous view, the SC’s Constitution Bench overruled the 1998 judgement in the PV Narasimha Rao case.
“We disagree with the judgment in PV Narasimha case which grants immunity to legislator for alleged bribery for making a speech or vote in a particular manner in the House that has wide ramifications,” Chief Justice DY Chandrachud observed during the hearing.
The top court held that corruption and bribery by legislators destroy the functioning of Indian Parliamentary democracy. The bench headed by the CJI said that the bribery is not rendered immune citing Article 105 or 194.
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