MPs or MLAs Can't Claim Immunity from Prosecution on Charge of Bribery, Says Supreme Court, Overrules 1998 Verdict

In a landmark judgment, the Supreme Court of India on Monday, March 4, revoked the immunity shield previously enjoyed by Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) against prosecution for bribery charges connected to their votes or legislative speeches. This decision overturned a 1998 verdict in the P.V. Narasimha Rao case, which had granted such immunity.

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.

Supreme Court’s seven-judge bench in its unanimous view overruled… pic.twitter.com/xJ4MRWvpoO

— ANI (@ANI) March 4, 2024

The seven-judge bench le by Chief Justice of India DY Chandrachud unanimously agreed that MPs and MLAs cannot claim immunity from prosecution on charges of bribery related to their legislative duties. The Court argued that the 1998 judgment, granting immunity for "acts done" in connection with voting or speaking, had "wide ramifications" and could potentially shield legislators from criminal accountability for actions beyond the intended scope of parliamentary privilege.

The bench of apex court said that we disagree with the judgment in PV Narasimha and the judgment in PV Narasimha which grants immunity to legislators for allegedly bribery for casting a vote or speech has “wide ramifications and overruled”.

"Today, the Seven-judge Constitution bench of the Supreme Court said that if an MP takes money to ask questions or vote in the Rajya Sabha elections, they cannot claim immunity from prosecution. Supreme Court said that taking money to vote or ask questions will destroy the functioning of Indian Parliamentary democracy," said Advocate Ashwini Upadhyay on Supreme Court verdict in Vote for bribe case.

#WATCH | Advocate Ashwini Upadhyay says "Today, the Seven-judge Constitution bench of the Supreme Court said that if an MP takes money to ask questions or vote in the Rajya Sabha elections, they cannot claim immunity from prosecution. Supreme Court said that taking money to vote… pic.twitter.com/qrtPK8cv0j

— ANI (@ANI) March 4, 2024

“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.