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Supreme Court Shakes Political Landscape: MPs and MLAs Stripped of Immunity in Bribery Cases

The verdict overrules 1998 P.V. Narasimha Rao ruling

New Delhi, 04-03-2024 : In a landmark ruling on Monday, the Supreme Court declared that Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) cannot claim immunity from prosecution in bribery cases. This significant verdict, delivered by a seven-judge constitution bench led by Chief Justice of India D.Y. Chandrachud, effectively overturns a previous ruling from 1998 under the administration of P.V. Narasimha Rao.

The essence of the ruling lies in the interpretation of the Prevention of Corruption Act. The bench firmly established that MPs and MLAs can be held accountable under this act if they are found to have received monetary benefits in exchange for their votes or speeches within the Parliament or state legislature.

The bench emphasized the principle that no MP or MLA should be shielded from prosecution on bribery charges related to their legislative duties. It stressed that extending immunity beyond the legitimate functions of Parliament or the legislature would create a privileged class exempt from the laws of the land.

Furthermore, the ruling broadened the scope of its application, stating that constitutional provisions governing parliamentary privilege also encompass elections to the Rajya Sabha (Upper House of Parliament) or to the offices of the President and Vice President. This expansion reinforces the principle that no elected representative is above the law, regardless of the context in which bribery allegations may arise.

This verdict marks the second time the Supreme Court has deliberated on the issue of lawmaker immunity in bribery cases since 1998. The previous ruling had granted MPs immunity from prosecution for bribery charges related to their parliamentary duties. The current case stems from allegations that certain MPs accepted bribes to influence the outcome of a no-confidence motion against the P.V. Narasimha Rao government in 1993.

Overall, this ruling represents a significant step towards ensuring accountability and integrity within the legislative process, reaffirming the principle that elected representatives must uphold the highest ethical standards in their conduct, free from the specter of immunity in cases of corruption.

 

 

 

 

 

 

 

 

 

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