Published: 8th Mar, 2024
Context
The Supreme Court overruled its 1998 verdict in PV Narasimha Rao-JMM Bribery case and ruled that MPs and MLAs do not enjoy immunity from prosecution for taking bribes to vote or make speech in the Parliament or State legislature. The court said that there is a grave danger of this Court allowing an error to be perpetuated if the decision in PV Narasimha Rao case were not reconsidered.
1: Dimension: Background and Narasimha Rao Verdict:
- In the PV Narasimha Rao-JMM bribery case of 1998, allegations of bribery arose during a no-confidence motion against the Congress government, implicating MPs who voted against it.
- The Supreme Court considered whether MPs enjoy immunity from prosecution for bribery under Article 105 of the Constitution and the scope of the Prevention of Corruption Act, 1988.
- The 5-judge bench ruled 3:2, granting immunity to MPs for acts associated with voting but not to those abstaining, stating that parliamentary privilege does not extend to criminal prosecution for bribery.
2: Dimension: Reasons for Overturning Narasimha Rao Verdict:
- Immunity Not Essential for Legislative Duties: The court ruled that immunity from prosecution for bribery is not essential for MPs and MLAs to discharge their legislative duties effectively.
- Bribery Undermines Legislative Integrity: Bribery undermines the integrity of legislative processes and contradicts the intent behind granting privileges to MPs and MLAs.
- Corruption Not Protected by Legislative Privilege: The court clarified that bribery is not shielded under Article 105(2) and Article 194(2) as it constitutes a criminal offense unrelated to the essential functions of voting or speech.
- Distinct Jurisdiction of Courts and Legislature: The jurisdiction of courts to prosecute criminal offenses and the authority of the House to discipline members for breaching legislative norms are separate domains.
- Narasimha Rao Verdict's Paradoxical Outcome: This interpretation contradicts the purpose and text of Articles 105 and 194, as it shields legislators from prosecution even after accepting bribes.
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