Seven-judge Bench of the Supreme Court on Monday declared that parliamentary privilege or immunity will not protect legislators who take bribes to vote or speak in Parliament or State Legislative Assemblies from criminal prosecution.
The unanimous verdict authored by Chief Justice of India D.Y. Chandrachud overruled a 25-year-old majority view of the Supreme Court, laid down in the JMM bribery case judgment of 1998, that lawmakers who took bribes were immune from prosecution for corruption if they go ahead and vote or speak in the House as agreed.
Jharkhand Mukti Morcha (JMM) bribery case
In the PV Narasimha Rao case, during the 10th Lok Sabha election held in 1991, the congress party with Narasimha Rao as its Prime Minister had given bribes to a few members of JMM (Jharkhand Mukti Morcha) and urge them to vote against the No Confidence motion moved against PV Narasimha Rao.
The Supreme Court overturning the 1998 P V Narasimha Rao case judgement on the issue of a lawmaker taking a bribe for speech or voting inside the House.
The P V Narasimha Rao case refers to the 1993 Jharkhand Mukti Morcha(JMM) bribery case.
In this case, Shibu Soren and some of his party MPs were accused of taking bribes to vote against a no-confidence motion against the then P V Narasimha Rao government.
Articles 105(2) and 194(2)
Under Article 105(2):- of the Indian Constitution , Members of Parliament enjoy immunity from court proceedings for their statements in Parliament.
Article 194(2) :- No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee.
Parliamentary Privileges
Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members.
Under these privileges, the members of Parliament are exempted from any civil liability (but not criminal liability) for any statement made or act done in the course of their duties.
Freedom of Speech in Parliament has been guaranteed under Article 105(1) of the Indian constitution.
Article 121 of the Indian Constitution states that members of parliament cannot discuss the conduct of Supreme Court or High Court judges while they are performing their duties.
Members enjoy immunity from arrest in any civil case 40 days before and after the adjournment of the house or during a session.
Arrest within the Parliament’s limits requires the house’s permission.
If the detention of any members of the parliament is made, the chairman or the speaker should be informed by the concerned authority, of the reason for the arrest.
Member can be arrested outside the limits of the house on criminal charges against him under the Preventive Detention act, the Essential Services Maintenance Act (ESMA), the National Security Act (NSA), or any such act.
