The Supreme Court on Wednesday asked a seven-judge Bench to be constituted to decide whether MPs and MLAs who take bribes to cast their votes or deliver speeches in the House in a “particular manner” will enjoy immunity from criminal prosecution.
In focus are Articles 105(2) and 194(2) of the Constitution. Both constitutional provisions protect lawmakers from criminal or civil proceedings in any court “in respect of” anything they say or any vote they cast in Parliament or in the State Legislative Assemblies.
On Wednesday, a five-judge Bench headed by Chief Justice of India D.Y. Chandrachud decided to refer to a larger Bench the court’s majority judgment in the Jharkhand Mukti Morcha (JMM) bribery case of 1998 — P.V. Narasimha Rao versus State — which had held that bribe takers were immune from prosecution provided they go ahead and cast their vote or give the speech, which is a parliamentary function.
