The Supreme Court on Monday ruled that Parliamentarians and state legislators are not immune from prosecution in bribery cases.
The historic verdict delivered by a seven-judge constitution bench headed by Chief Justice of India D.Y. Chandrachud held that MPs and MLAs are liable to be prosecuted under the Prevention of Corruption Act if they get monetary benefits for their votes and speech in Parliament or state legislature.
“An MP/MLA can't claim immunity from prosecution on a charge of bribery in connection with the vote or speech in the legislative house,” the ruled the bench.
“To give any privilege unconnected to the functioning of Parliament or legislature will lead to creating a class that enjoys unchecked exemptions from the operation of law of the land,” it added.
“Elections to Rajya Sabha or to the office of the President/Vice President will also come under the ambit of Constitutional provisions applicable to parliamentary privilege,” it said.
The Supreme Court is considering the issue of whether a lawmaker can be prosecuted in a court of law for accepting bribe to speak or vote for the second time since 1998. Back then, the top court had ruled that MPs were immune from prosecution on bribery charges for their speech or vote in the Parliament. The case was regarding claims that some MPs accepted bribe to defeat a no-confidence motion against the P.V. Narasimha Rao government in 1993.
Welcoming the verdict, Prime Minister Narendra Modi said, "SWAGATAM! A great judgment by the Hon’ble Supreme Court which will ensure clean politics and deepen people’s faith in the system."