No immunity from prosecution to MPs, MLAs for taking bribe to vote in legislature

Supreme Court reverses 26-year-old decision

New Delhi – A significant decision has been rendered by a seven-judge Constitution Bench of the Supreme Court. In 1998, the then Prime Minister PV Narasimha Rao’s Government exempted MPs and MLAs from prosecution for taking bribes for speeches or votes in the legislature. At that time, on a petition filed against this in the Supreme Court, a five-judge Constitution Bench had ruled that elected representatives cannot be prosecuted in such cases. However, the Supreme Court has now reversed this decision, stating that bribery does not fall under the purview of parliamentary privileges.

1. The petition presented to the Supreme Court argued that all actions, including defamatory remarks made in Parliament or the Legislative Assembly, should not be immune from legal repercussions. This would enable prosecution under charges of criminal conspiracy for those engaging in such behaviours.

2. During the October hearing of the case last year, the Union Government underscored to the Supreme Court that bribery cannot enjoy immunity from prosecution. Parliamentary privilege does not mean placing any MP or MLA above the law.