SC strikes balance between graft charges, parliamentary privilege
9 months, 2 weeks ago

SC strikes balance between graft charges, parliamentary privilege

Hindustan Times  

The seven-judge bench verdict on Monday that said bribe-taking lawmakers have no immunity strikes a much-needed balance between parliamentary privilege and corruption charges. Article 105 states: “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 and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.” The identical provision in respect of members of state legislatures is provided in Article 194. The appeal was brought to the Supreme Court where a Constitution bench of five judges determined two issues: One, does Article 105 confer any immunity on an MP from being prosecuted in an offence involving offer or acceptance of bribe and two, can MPs be regarded as” public servant” to bring them within the ambit of the 1988 Act because there is no authority competent to grant sanction for their prosecution? The seven-judge bench ruling Noting precedents, historical development and international jurisprudence on parliamentary privileges, the top court on Monday declared that legislators cannot claim immunity in cases of corruption and bribery since they are not fundamentally related to their ability to perform their duties. Notably, the seven-judge bench ruling on Monday also displaced observations by another five-judge bench in the Kuldip Nayar case, which said that elections to fill seats in the Rajya Sabha are not proceedings of the legislature but a mere exercise of franchise, which falls outside the net of parliamentary privilege under Article 194.

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History of this topic

No immunity in bribery cases to MPs, MLAs: SC
9 months, 2 weeks ago

No immunity in bribery cases to MPs, MLAs: SC

Hindustan Times  

A seven-judge bench of the Supreme Court on Monday reversed the court’s 1998 ruling that let lawmakers escape punishment for accepting bribes in exchange for voting or giving speeches on the floor of the House, holding that such actions cannot be shielded under the doctrine of parliamentary privilege. Article 105 lays down that no member of Parliament shall be liable …

Supreme Court overrules immunity to MPs, MLAs on bribery charge
9 months, 2 weeks ago

Supreme Court overrules immunity to MPs, MLAs on bribery charge

Op India  

A seven-judge Constitution Bench of the Supreme Court on Monday ruled that an MP or MLA cannot claim immunity from prosecution on a charge of bribery in connection with the vote or speech in the Parliament or Legislative Assembly. Welcoming the verdict, Prime Minister Narendra Modi took to X saying, “A great judgment by the Hon’ble Supreme Court which will …

Corruption And Bribery Of MPs And MLAs Erode Foundation Of Indian Parliamentary Democracy: Supreme Court
9 months, 2 weeks ago

Corruption And Bribery Of MPs And MLAs Erode Foundation Of Indian Parliamentary Democracy: Supreme Court

Live Law  

While overruling the 1998 PV Narasimha Rao judgment, the Supreme Court made critical observations regarding the detrimental impact of corruption and bribery by legislative members on public interest, probity in public life, and parliamentary democracy. It is disruptive of the aspirations and deliberative ideals of the Constitution and creates a polity which deprives citizens of a responsible, responsive, and representative …

No immunity from prosecution if MP/MLA takes bribe to vote or make speeches: SC
9 months, 3 weeks ago

No immunity from prosecution if MP/MLA takes bribe to vote or make speeches: SC

Hindustan Times  

A seven-judge Supreme Court bench on Monday overturned its 1998 ruling that allowed lawmakers to go scot-free after receiving bribes for casting votes or making speeches on the floor of the House, holding that “corruption and bribery by members of the legislatures erode probity in public life” and cannot be shielded under the principles of parliamentary privilege. While making the …

Vote-for-bribe: Supreme Court says no immunity from prosecution to MPs, MLAs, overrules 1998 verdict
9 months, 3 weeks ago

Vote-for-bribe: Supreme Court says no immunity from prosecution to MPs, MLAs, overrules 1998 verdict

Hindustan Times  

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. A seven-judge constitution bench headed by Chief Justice …

MLAs, MPs can’t claim immunity in bribe-for-vote cases, rules Supreme Court
9 months, 3 weeks ago

MLAs, MPs can’t claim immunity in bribe-for-vote cases, rules Supreme Court

Live Mint  

The members of parliament and state assemblies are not immune from prosecution in bribery cases, the Supreme Court ruled on March 4. In what is seen as a landmark verdict, the seven-judge bench led by Chief Justice of India DY Chandrachud, also set aside the 1998 judgment popularly known as PV Narasimha Rao judgement. In 1998, the five-judge constitution bench …

SC to pronounce judgment in JMM bribery case review
9 months, 3 weeks ago

SC to pronounce judgment in JMM bribery case review

The Hindu  

A seven-judge Bench of the Supreme Court headed by Chief Justice of India D.Y. The reference to the seven-judges Bench stemmed from a 1998 majority judgment of the Supreme Court in the JMM Bribery case in which errant legislators were spared criminal prosecution for receiving bribes outside the Parliament to vote for a particular candidate in the Rajya Sabha elections …

MPs/MLAs cannot claim immunity from prosecution in vote-for-bribe cases, says SC; PM lauds verdict
9 months, 3 weeks ago

MPs/MLAs cannot claim immunity from prosecution in vote-for-bribe cases, says SC; PM lauds verdict

New Indian Express  

A seven-judge constitution bench of the Supreme Court headed by Chief Justice of India 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 …

Overruled. Supreme Court says MPs, MLAs can't claim immunity for bribery
9 months, 3 weeks ago

Overruled. Supreme Court says MPs, MLAs can't claim immunity for bribery

India Today  

The Supreme Court on Monday overruled a 1998 verdict granting immunity to lawmakers from prosecution for taking bribes to make speeches, and cast votes in the legislature. In the 1998 verdict, a five-member bench ruled that MPs and MLAs were immune from prosecution for taking bribes to make speeches, and cast votes in the legislature under parliamentary privileges conferred by …

Supreme Court reserves verdict on immunity for lawmakers in bribery cases
1 year, 2 months ago

Supreme Court reserves verdict on immunity for lawmakers in bribery cases

India Today  

A seven-judge bench of the Supreme Court on Wednesday reserved its verdict on whether lawmakers can claim immunity from criminal prosecution for taking bribes in connection with a speech or vote in Parliament or a state assembly. Her father-in-law and Jharkhand Mukti Morcha leader Shibu Soren was saved by the 1998 Constitution Bench verdict wherein the top court ruled that …

Supreme Court 7-Judge Bench Examines Scope Of Immunity For MPs/MLAs Taking Bribes For Speech/Vote In Legislatures
1 year, 2 months ago

Supreme Court 7-Judge Bench Examines Scope Of Immunity For MPs/MLAs Taking Bribes For Speech/Vote In Legislatures

Live Law  

A constitution bench of the Supreme Court on Wednesday questioned whether immunity should be granted to legislators accused of corruption, merely on an apprehension that the absence of such immunity could be misused by the executive to target political opposition. Nevertheless, they decided to read the Constitution as written to ensure that legislators are granted the protection they need.” In …

Supreme Court to hear case on MPs, MLAs having immunity from prosecution
1 year, 2 months ago

Supreme Court to hear case on MPs, MLAs having immunity from prosecution

India Today  

A seven-judge bench of the Supreme Court is scheduled to hear a case in connection with the immunity from prosecution granted to MPs and MLAs for taking bribes for votes in Parliament and state legislatures. The case involves a Supreme Court verdict from 1998 when a bribery case against Jharkhand Mukti Morcha MPs was quashed as Article 105 of the …

SC to re-examine JMM bribery case verdict of 1998
1 year, 3 months ago

SC to re-examine JMM bribery case verdict of 1998

The Hindu  

The Supreme Court on Wednesday asked a seven-judge Bench to be constituted to decide whether MPs and MLAs who take bribes to cast their votes or deliver speeches in the House in a “particular manner” will enjoy immunity from criminal prosecution. Chandrachud decided to refer to a larger Bench the court’s majority judgment in the Jharkhand Mukti Morcha bribery case …

Do MPs/MLAs Have Immunity From Prosecution For Offence Of Taking Bribes For Votes In Legislature? Supreme Court To Hear On Nov 15
2 years, 2 months ago

Do MPs/MLAs Have Immunity From Prosecution For Offence Of Taking Bribes For Votes In Legislature? Supreme Court To Hear On Nov 15

Live Law  

The Supreme Court, on Wednesday, decided to commence with the hearing of the plea pertaining to the issue whether Article 194/105 of the Constitution of India grants immunity to MLAs /MPs from being prosecuted for an offence involving offer or acceptance of bribe to cast vote in the legislature on 15th November, 2022. Challenging the same, Soren filed a petition …

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