A seven-judge bench in the Supreme Court held that lawmakers, including MPs and MLAs, are liable to be prosecuted under the Prevention of Corruption Act if they receive monetary benefits for their votes and speech in Parliament or assembly, overruling the 1998 verdict of the apex court in PV Narasimha Rao case.
The SC said corruption or bribery by a member of legislature erodes probity in public life and accepting bribes itself constitutes the offence.
“To give any privilege unconnected to the functioning of Parliament or legislature will lead to creating a class that enjoys unchecked exemptions from the operation of law of the land,” it said.
Parliamentary privileges are essentially related to the House collectively and necessary for its functioning, said the seven-judge bench.
“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.
Reading out the unanimous verdict on behalf of the bench, the CJI held that individual members of the legislature cannot assert a claim of privilege to seek immunity under Articles 105 and 194 from prosecution on a charge of bribery in connection with the vote or speech in the legislature.
“Such a claim to immunity fails to fulfill the two-fold test, that the claim is tethered to the collective functioning of the House and that it is necessary to the discharge of the essential duties of a legislator,” said the bench, adding corruption and bribery have wide ramifications on public interest, probity in public life and parliamentary democracy.
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