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Source: The post On Immunity to lawmakers on Bribe for Vote has been created, based on the article “Deprivileging bribe: Voters should know that MPs do not act under monetary inducement” published in “The Hindu” on 6th March 2024.
UPSC Syllabus Topic: GS Paper 2 – Indian Polity – Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.
News: A seven-judge Constitution Bench of the Supreme Court (SC) changed an old decision, now allowing MPs and state legislators to be prosecuted for bribery related to their votes or speeches in Parliament. On Immunity to lawmakers on Bribe for Vote
What is the Supreme Court’s view on lawmakers facing criminal charges for bribery?
Old View of the Supreme Court
The JMM Bribery case (1998): It set a precedent where lawmakers’ actions within Parliament, like speeches and voting, were protected from legal scrutiny under parliamentary privilege.
Protection Under Article 105(2) and 194(2): These constitutional provisions were interpreted to grant immunity to lawmakers from any proceedings in court related to their parliamentary activities.
Recent View of the Supreme Court
2024 Ruling:
Ruling: recently, the SC overruled the earlier interpretation, stating that lawmakers can face criminal prosecution for bribery.
Necessity Test Application:–Such privilege will be governed by a two-fold test:-
first, the privilege claimed must be tethered to the collective functioning of the House
second, its necessity must bear a functional relationship to the discharge of the essential duties of a legislator.
Referring to the Prevention of Corruption Act: The Court highlighted that even accepting a bribe without a direct quid pro quo action still constitutes corruption.
Dual Jurisdiction: It was clarified that both the Court and Parliament have the jurisdiction to deal with lawmakers’ misconduct, serving different purposes.
What are the constitutional provisions related to lawmakers facing criminal charges for bribery?
Article 105(2) and Article 194(2): These provisions in the Indian Constitution state that no member of Parliament or state Assembly shall be liable in court for anything said or any vote given in Parliament or its committees.
What are the impacts of the recent Supreme Court view on lawmakers facing criminal charges for bribery?
Increased Accountability: Lawmakers are now more accountable for bribery, regardless of their parliamentary actions.
Narrowed Privilege Scope: The Court’s interpretation reduces the scope of constitutional protections under Articles 105(2) and 194(2), focusing on necessary privileges only.
Criminal Prosecution Possibility: MPs and state Assembly members can be criminally prosecuted for bribery, dismantling the immunity previously understood from parliamentary activities.
Upholding Integrity: The ruling aligns with the Prevention of Corruption Act, emphasizing integrity in public service and deterring corrupt practices.
Question for practice:
Examine how the recent Supreme Court ruling regarding lawmakers facing criminal charges for bribery impacts their accountability and the scope of constitutional protections under Articles 105(2) and 194(2).
