In a significant ruling, a seven-judge bench in the Supreme Court has overturned a previous verdict that granted lawmakers immunity from prosecution under the Prevention of Corruption Act. Led by Chief Justice of India DY Chandrachud, the bench unanimously overruled the 1998 decision, which shielded MPs and MLAs from prosecution for receiving monetary benefits in exchange for their votes or speeches in Parliament or assemblies.
PM Modi stated in his recent tweet, “SWAGATAM! A great judgment by the Hon’ble Supreme Court which will ensure clean politics and deepen people’s faith in the system.”
Chief Justice Chandrachud emphasized that bribery does not fall under parliamentary privileges and that the interpretation of the 1998 verdict contradicts constitutional articles 105 and 194. The bench firmly stated that MPs and MLAs cannot claim immunity from prosecution for bribery related to their legislative duties.
The Supreme Court stressed that corruption among legislators undermines public trust and violates the principles of probity in public life. It declared that accepting bribes constitutes an offense in itself and that granting immunity unconnected to parliamentary functioning would create a privileged class exempt from the law.
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The bench clarified that parliamentary privileges are essential for the collective functioning of the House and should not extend to activities unrelated to legislative duties. Additionally, it asserted that Constitutional provisions applicable to parliamentary privilege also cover elections to the Rajya Sabha, as well as the offices of the President and Vice President.
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