In a significant development, a seven-judge bench of the Supreme Court has ruled that lawmakers, including Members of Parliament (MPs) and Members of Legislative Assembly (MLAs), can be prosecuted under the Prevention of Corruption Act if they receive monetary benefits for their votes and speeches in Parliament or assembly. This landmark decision overturns the 1998 verdict in the PV Narasimha Rao case, asserting that parliamentary privileges do not shield bribery.Chaired by Chief Justice of India DY Chandrachud, the seven-judge constitution bench unanimously rejected the earlier ruling in the JMM bribery case, where MPs and MLAs were granted immunity from prosecution for accepting bribes in exchange for making speeches or casting votes in the legislature. Chief Justice Chandrachud emphasized that bribery is not protected by parliamentary privileges and that the 1998 interpretation contradicts Articles 105 and 194 of the Constitution.According to the benchs ruling, an MP or MLA cannot claim immunity from prosecution for bribery related to their votes or speeches in the legislative house. The Supreme Court underscored that corruption or bribery by a member of the legislature undermines probity in public life, and the act of accepting bribes itself constitutes an offense. The bench also cautioned against providing unchecked exemptions to a certain class from the operation of the countrys laws.The Supreme Court highlighted the essential nature of parliamentary privileges, emphasizing that they are related to the collective functioning of the House and are necessary for its effective operation. The bench clarified that privileges associated with elections to the Rajya Sabha or to the offices of the President and Vice President fall under the constitutional provisions applicable to parliamentary privilege. This ruling marks a crucial shift in the legal landscape, reinforcing the principle that no individual, regardless of their status as a lawmaker, is above the law when it comes to corrupt practices within the legislative framework.
