No immunity from prosecution to MPs, MLAs for taking bribe to vote: SC

The Supreme Court on Monday 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.

Pronouncing the verdict, the CJI said bribery is not protected by parliamentary privileges and the interpretation of the 1998 verdict is contrary to Articles 105 and 194 of the Constitution.

Articles 105 and 194 deal with the powers and privileges of MPs and MLAs in Parliament and legislative assemblies.

The CJI, who read the operative part of the verdict for the bench, said that bribery is not immune under the articles as it erodes probity in public life.