Can MPs/MLAs Claim Immunity For Taking Bribe For Vote/Speech In Legislature? Supreme Court Judgment- Live Updates

SC : MLA taking bribe to vote in Rajya Sabha elections also liable under Prevention of Corruption Act

CJI : PV Narasimha judgment results in a paradoxical situation where a legislator, who accepts a bribe and votes accordingly is protected whereas a legislator, who despite taking a bribe votes independently is prosecuted.

CJI : Corruption and bribery by legislators destroy the functioning of Indian Parliamentary democracy .

CJI : The purpose and object for legislative privileges must be borne in mind. Privileges are for the house collectively. Articles 105/194 seek to create a fearless environment for the members.

#BREAKING CJI : We hold that bribery is not protected by Parliamentary privileges.

CJI : The offence of bribe is crystallised on the taking of illegal gratification. It does not depend on whether the vote or speech is given later. The offence is complete at the point of time when the legislator accepts bribe.

CJI : The interpretation of PV Narasimha judgment is contrary to Articles 105/194.

CJI : Bribery is not rendered immune under Article 105 or 194 because a member indulging 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.

CJI : Such a claim for immunity fails to fulfil to the test whether such immunity is necessary to discharge legislative functions.

CJI : 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

CJI : 7 of us have reached a unanimous conclusion.