A seven-judge constitution bench of the Supreme Court headed by Chief Justice of India (CJI) DY Chandrachud on Monday overruled a 1998 top court verdict granting immunity to lawmakers from prosecution for taking bribes to make a speech or cast a vote in legislature.
In a signifcant and unanimous ruling, the bench said that an MP or MLA couldn't claim immunity from prosecution on a charge of bribery in connection with votes cast or speeches made in the Parliament.
While overruling the 1998 PV Narasimha Rao case ruling, CJI Dr Dhananjaya Yeshwant Chandrachud, observed, "Taking bribe is an independent offence and has no connection with what is said and done, by a MP or a MLA inside the House. Hence, immunity granted by the Constitution to them for fearless deliberation and debate of issues inside the House cannot shield them from prosecution."
The top court in its verdict also stated that corruption and bribery by legislators destroy the functioning of the Indian Parliamentary democracy. "Bribery is not rendered immune under Articles 105 or 194 because a member indulging in bribery indulges in a criminal act which is not essential for the function of casting a vote or giving a speech in the legislature," it held.
It added that the 1998 ruling was paradoxical as it protected bribe-taking MPs who vote in consideration of the bribes but allowed prosecution of those who did not vote.
The other six judges in the top court bench bench were Justices A S Bopanna, M M Sundresh, P S Narasimha, J B Pardiwala, Sanjay Kumar and Manoj Misra.
After the pronouncement of the verdict, former Supreme Court judge, Madan B Lokur, told TNIE that the judgment was a landmark one.
"This verdict would have a positive impact on our parliamentary system and present form of government. It would clean up to a great extent the evil aspects, I think," he said.
Former Additional Solicitor General and senior Supreme Court lawyer K C Kaushik said, "I firmly believe this verdict would definitely have a positive impact on our political system and our democracy.
PM lauds SC verdict in JMM bribery case, says it will ensure clean politics
Prime Minister Narendra Modi on Monday lauded the Supreme Court verdict in the JMM bribery case as a "great judgment", saying it will ensure clean politics and deepen people's faith in the system.
The Supreme Court held that MPs and MLAs do not enjoy immunity from prosecution for taking bribe to make a speech or cast a vote in the legislature.
A seven-judge constitution bench headed by Chief Justice D Y Chandrachud unanimously overruled the 1998 verdict delivered by a five-judge bench in the JMM bribery case by which MPs and MLAs were granted immunity from prosecution for taking bribe to make a speech or vote in the legislature.
Modi said on X, "SWAGATAM! A great judgment by the Hon'ble Supreme Court which will ensure clean politics and deepen people's faith in the system."
Background
The top court had reserved its judgement on the matter on October 5, 2023. During its arguments, the Centre had submitted that bribery can never be a subject matter of immunity and a parliamentary privilege is not meant to place a lawmaker above law.
In 1998, in the Jharkhand Mukti Morcha (JMM) bribery case, MPs and MLAs were granted immunity from prosecution for taking bribes to make a speech or vote in legislature. A five-judge constitution bench had, in its majority verdict delivered in the PV Narasimha Rao versus CBI case, held that parliamentarians have immunity against criminal prosecution for any speech made and vote cast inside the House under Article 105(2) and Article 194(2) of the Constitution.
Article 105(2) lays down that no member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof. Article 194(2) deals with the powers, privileges and immunities of the State Legislatures, their Members and their committees.
The apex court had on September 20, 2023 agreed to reconsider its judgement, saying it was an important issue having a significant bearing on "morality of polity".
The issue came under the Supreme Court's lens in 2019, when a bench headed by then chief justice Ranjan Gogoi was hearing an appeal filed by Sita Soren, JMM MLA from Jama and daughter-in-law of party chief Shibu Soren, who was an accused in the JMM bribery scandal.
Sita Soren was accused of taking bribes to vote for a particular candidate in the Rajya Sabha election in 2012.
She had contended that the constitutional provision granting lawmakers immunity from prosecution, which saw her father-in-law being let off the hook in the JMM bribery scandal, be applied to her. She had then moved the apex court against the Jharkhand High Court order of February 17, 2014 refusing to quash the criminal case lodged against her.
The three-judge bench had then said it will revisit the SC verdict in the sensational JMM bribery case involving Shibu Soren, a former Jharkhand chief minister and ex-union minister, and four other party MPs who had accepted bribes to vote against the no-confidence motion threatening the survival of the P V Narasimha Rao government in 1993.
The Narasimha Rao government, which was in a minority, survived the no-confidence vote with their support.
The CBI registered a case against Soren and four other JMM Lok Sabha MPs but the Supreme Court quashed it citing immunity from prosecution they enjoyed under Article 105(2) of the Constitution.
(With additional inputs and background from PTI, Online Desk)
