- By Vivek Raj
- Mon, 04 Mar 2024 02:10 PM (IST)
- Source:JND
In a landmark decision, the seven-judge bench of the Supreme Court has overturned the immunity granted to parliamentarians against prosecution for taking bribes to cast votes in the house. The unanimous ruling, delivered by Chief Justice DY Chandrachud, states that bribery cannot be shielded under Article 105(2) or 194(2) of the constitution, as it undermines integrity in public life.
Seven-judge Constitution bench of the Supreme Court rules that an MP or MLA can't claim immunity from prosecution on a charge of bribery in connection with the vote/speech in the Parliament/ Legislative Assembly.
— ANI (@ANI) March 4, 2024
Supreme Court’s seven-judge bench in its unanimous view overruled… pic.twitter.com/xJ4MRWvpoO
"Bribery is not rendered immune under Article 105 (2) or 194 of the constitution, it erodes probity in public life," the order said.
The judgment unequivocally states that bribery allegations against lawmakers cannot be overlooked or shielded by any constitutional provision.
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CJI DY Chandrachud highlighted the unanimous decision of the Bench, stating that the ruling stands in contrast to the previous interpretation provided in the Narasimha Rao judgment. The Bench firmly overturned the 1998 judgment which granted immunity to legislators in bribery cases.
"In the course of this judgment, while analysing majority and minority decision of Narsimha Rao judgment, we disagree and overrule the judgment that parliamentarian can claim immunity... The judgment of the majority in Narasimha Rao which grants immunity to legislators has a grave danger and thus overruled," CJI said.
Chief Justice of India (CJI) declared that the Supreme Court holds that elections to the Rajya Sabha are encompassed within the scope of Article 194(2) of the Constitution.
“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,” the Supreme Court said.
The CJI pointed out that while the marginal note in the text of the provision may suggest otherwise, the deliberate choice of the term "legislature" instead of "house of legislature" indicates a clear intent to differentiate between the two concepts. This interpretation underscores the specific inclusion of Rajya Sabha elections within the purview of Article 194(2).
Reacting to the landmark verdict, PM Modi hailed the decision and said, "A great judgment by the Supreme Court which will ensure clean politics and deepen people’s faith in the system."
