MPs and MLAs will not get exemption in bribery cases: Supreme Court

Monday, March 4, 2024

A seven-judge bench of the Supreme Court of India has given an important decision on Monday, March 4, 2024, in the case related to the privileges of MPs and MLAs.

The Supreme Court has said that MPs and MLAs will not get any legal protection under the privilege in cases of taking bribes.

With this, the Supreme Court has overturned its decision of Narasimha Rao Judgment of 1998.

Then the bench of five judges had decided with a majority of 3:2 that public representatives cannot be prosecuted in such cases.

After the Supreme Court's decision, lawyer Ashwini Upadhyay told news agency PTI, "The bench of seven judges unanimously said that taking money to ask questions or taking money to vote in Rajya Sabha elections is completely against the constitutional spirit. This is against the constitution. Therefore no one will be privileged. The freedom of speech that MPs and MLAs have in Parliament or Assembly is the freedom to work honestly. There is no freedom to commit corruption.”

According to legal news website Live Law, Chief Justice DY Chandrachud, while delivering the verdict on the matter, said, "The purpose of legislative privileges is to give privileges to the House collectively. Article 105/194 seeks to create a fear-free environment for the members. Corruption and bribery are going to destroy parliamentary democracy."

Indian Prime Minister Narendra Modi has welcomed the Supreme Court's decision not to provide any legal protection to MPs and MLAs in bribery cases.

Narendra Modi wrote on social media, "Welcome. The Honorable Supreme Court has given a very great decision. The decision of the Supreme Court will ensure clean politics and will increase people's confidence in the system."

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