Supreme Court Overturns Historic Immunity in Bribery Cases, Says 'No Immunity For MPs and MLAs

Supreme Court on Bribe for Vote: The Supreme Court's seven-judge constitution bench overturned a prior ruling on Monday, protecting MPs and MLAs from punishment in cases involving bribes for speeches or votes, in a historic decision.

Chief Justice Chandrachud Rejects PV Narasimha Judgment

"We disagree with the judgment in PV Narasimha. The judgment in PV Narasihma which grants immunity to legislator for allegedly bribery for casting a vote or speech has wide ramifications and overruled," Chief Justice of India DY Chandrachud said, while reading out the order. "Such a claim for immunity fails to fulfil to the test whether such immunity is necessary to discharge legislative functions," the CJI said.

CJI Chandrachud and Esteemed Bench Deliver Verdict

A prestigious panel led by Chief Justice of India (CJI) DY Chandrachud and including Justices A S Bopanna, M M Sundresh, P S Narasimha, J B Pardiwala, Sanjay Kumar, and Manoj Misra rendered the decision. On October 5, 2023, the seven-judge Constitution Bench had set aside their decision.

Throughout the hearings, the Centre had argued that parliamentary privilege is not intended to elevate a legislator above the law and that bribery can never be the subject of immunity. Following two days of arguments from a plethora of solicitors, including the solicitor general, attorney general, and amicus curiae P S Patwalia, who was supporting the court in this cause, the verdict was reserved.

Seven-Judge Panel Scrutinizes 1998 Ruling in JMM Bribery Case

The seven-judge panel was reexamining the 1998 ruling in the JMM bribery case, which protected MPs and MLAs from prosecution if they accepted bribes in exchange for speaking or voting in the legislature. The ruling was rendered by a five-judge panel of the Supreme Court. Twenty-five years after the JMM bribery scandal shocked the nation, the Supreme Court reexamined the ruling.