A seven-judge Bench of the Supreme Court on Monday declared that parliamentary privilege or immunity will not protect legislators who take bribes to vote or speak in Parliament or State Legislative Assemblies from criminal prosecution.
“Privileges and immunities are not gateways to claim exemptions from the general law of the land… Corruption and bribery of members of the legislature erode the foundation of Indian parliamentary democracy,” the Supreme Court observed.
The unanimous verdict authored by Chief Justice of India D.Y. Chandrachud overruled a 25-year-old majority view of the Supreme Court, laid down in the infamous JMM bribery case judgment of 1998, that lawmakers who took bribes were immune from prosecution for corruption if they go ahead and vote or speak in the House as agreed.