Supreme Court Rules MPs and MLAs Not Immune from Prosecution for Bribery

Constitution Bench Overturns 1998 Decision, Affirming that Bribery Violates Parliamentary Privileges

Mar 4, 2024 - 12:22
Supreme Court Rules MPs and MLAs Not Immune from Prosecution for Bribery

On Monday, the Supreme Court ruled that Members of Parliament and Legislative Assemblies are not immune from punishment for accepting bribes in exchange for speaking or voting in the legislature.

Chief Justice D Y Chandrachud's seven-judge constitution bench unanimously overturned the 1998 ruling of a five-judge panel in the JMM bribery case, which had protected MPs and MLAs from prosecution for accepting bribes in exchange for speaking or voting in the legislature.

Declaring the decision, the CJI said that the 1998 ruling's interpretation violates Articles 105 and 194 of the Constitution and that bribery is not protected by parliamentary privileges.

The authority and privileges of Members of Parliament and Legislative Assemblies are governed by Articles 105 and 194.

The Chief Justice of India, who read the bench's portion of the ruling, said that bribery is not protected by the articles as it undermines integrity in public life.

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