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The Hindu
The Hindu
National
Aaratrika Bhaumik

Supreme Court’s ruling on immunity for legislators facing bribery charges | Explained

The story so far: In a landmark judgment, the Supreme Court on Monday ruled that Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) cannot claim any immunity from prosecution for accepting bribes to cast a vote or make a speech in the House in a particular fashion. Article 105(2) of the Indian Constitution confers on MPs immunity from prosecution in respect of anything said or any vote given in Parliament or on any parliamentary committee. Similarly, Article 194(2) grants protection to MLAs.

A seven-judge Constitution Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud unanimously overruled its 1998 judgment in P.V Narasimha Rao v. State and opened the doors for law enforcement agencies to initiate prosecution against legislators in bribery cases under the Prevention of Corruption Act, 1988 (Act).

Read the verdict here.

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