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

“Corruption and bribery of members of the legislature erode the foundation of Indian 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 democracy.”

The latest ruling, delivered on Monday morning by a seven-judge constitution bench led by Chief Justice DY Chandrachud, states that members of parliament and legislative assemblies cannot claim immunity from prosecution on charges of bribery related to votes or speeches in the legislature.

The court's decision came after a careful consideration of the ramifications of the PV Narasimha Rao judgment, which had granted immunity to legislators under Articles 105(2) and 194(2) of the Constitution for receiving a bribe. The 1998 case had held, by a 3:2 majority, that legislators were immune from prosecution in bribery cases related to their speech or vote in the house, provided they upheld their end of the bargain for which they received a bribe.

In a detailed ruling, the Supreme Court has now emphasised that the purpose of Articles 105 and 194 of the Constitution is to sustain an environment where debate and deliberation can take place within the legislature. This purpose, the court noted, is undermined when a member is induced to vote or speak in a particular manner because of an act of bribery.

“Bribery is not rendered immune under Articles 105 or 194 because a member engaging in bribery indulges in a criminal act which is not essential for the function of casting a vote or giving a speech in the legislature,” the court stated.

The PV Narasimha Rao judgment had been challenged in an appeal by Jharkhand Mukti Morcha leader Sita Soren, who was accused of accepting a bribe for a 2012 Rajya Sabha vote. The Jharkhand High Court had dismissed her plea, leading to the challenge in the Supreme Court.

"The judgment in PV Narasihma Rao which grants immunity from prosecution to a member of a legislature who has allegedly engaged in bribery for casting a vote or making a speech has wide ramifications on public interest, probity in public life, and parliamentary democracy. There is a grave danger of this court allowing the error to be perpetuated if the decision were not reconsidered", CJI Chandrachud observed in the judgment.

After a two-day-long hearing, the seven-judge bench comprising Chief Justice DY Chandrachud, and Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar, and Manoj Misra reserved its verdict in October last year.

Other stories about the judgment can be read here.

Sita Soren v. Union of India | Criminal Appeal No. 451 of 2019

Click here to read the judgment