SRINAGAR: A seven-judge Constitution Bench of the Supreme Court declared that an MP or MLA cannot seek immunity from prosecution for bribery related to parliamentary or legislative assembly votes or speeches, on Monday. The Bench unanimously overturned the 1998 judgment in the PV Narasimha Rao case, ANI reported.
“We disagree with and overrule the judgement of the majority on this aspect,” the CJI said.
In 1998, the bench in its majority verdict granted immunity from prosecution to a member of parliament or legislature who has allegedly engaged in bribery for casting a vote or speaking in House under Articles 105(2) and 194(2).
“We disagree with the judgment in PV Narasimha case which grants immunity to the 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.
Reading out the unanimous verdict on behalf of the bench, the CJI held that individual members of the legislature cannot assert a claim of privilege to seek immunity under Articles 105 and 194 from prosecution on a charge of bribery in connection with the vote or speech in the legislature.
“A member indulging in bribery indulges in a criminal act which is not essential for casting a vote or giving a speech in the legislature,” the CJI said.
The Supreme Court said that the interpretation of PV Narasimha judgment is contrary to Articles 105 and 194 of the constitution. The court said that interpretation which has been placed on the issue in question and the judgment of the majority in PV Narasimha Rao results in a paradoxical outcome where a legislator is conferred with immunity when they accept a bribe and follow through by voting in the agreed direction.
The interpretation of PV Narasimha judgement is contrary to Articles 105 and 194, the CJI added.
Chief Justice Chandrachud further observed that the offence of bribe is crystallised on the taking of illegal gratification and it does not depend on whether the vote or speech is given later.
Prime Minister Narendra Modi welcomed the verdict in a post on X. “SWAGATAM! A great judgment by the Hon’ble Supreme Court which will ensure clean politics and deepen people’s faith in the system,” he said.
