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India’s Supreme Court seven judge constitution bench holds that MPs/MLAs are liable to be prosecuted under Prevention of Corruption Act if they receive monetary benefits for their votes / speech in Parliament/Assembly, reverses earlier ruling of the apex court in PV Narasimha Rao case.
It is a significant ruling, the top court’s seven–judge bench in its verdict said an MP or MLA can’t claim immunity from prosecution on a charge of bribery in connection with the vote or speech in the legislative house.
The Supreme Court (SC) had earlier agreed to re-examine its 1998 judgment in PV Narasimha Rao case. But the top court referred to a larger seven judge bench to deal with the issue whether an MP/MLA can claim immunity from prosecution for accepting bribes for making a speech or vote in the House.
Advocate Ashwini Upadhyay says “Today, the Seven-judge Constitution bench of the Supreme Court said that if an MP takes money to ask questions or vote in the Rajya Sabha elections, they cannot claim immunity from prosecution. Supreme Court said that taking money to vote or ask questions will destroy the functioning of Indian Parliamentary democracy…”
