Legislators not immune from bribery prosecution, rules SC in landmark verdict

New Delhi, March 04, 2024: The Supreme Court declared on Monday that Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) cannot claim immunity from prosecution under Articles 105 and 194 of the Constitution when accused of accepting bribes. This decision came in the case of Sita Soren v. Union of India. Reported Bar and Bench.

Article 105(2) grants MPs immunity from prosecution concerning their speech or votes in Parliament or on any parliamentary committee, while Article 194(2) extends similar protection to MLAs.

A Constitution bench headed by Chief Justice of India (CJI) DY Chandrachud, alongside Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, PV Sanjay Kumar, and Manoj Misra, unanimously delivered this morning's verdict.

The Court overturned a previous judgment from 1998 in PV Narasimha Rao v. State, which had granted immunity to legislators even for accepting bribes to vote a certain way in a legislative house.

Disagreeing with the Narasimha Rao judgment, the Court stated, "The judgment... which grants immunity to legislators has a grave danger and thus overruled." It explained that parliamentary privilege should be related to the collective functioning of the house and the essential functions of legislators, emphasizing that bribery is not protected by such privilege.

The Court emphasized that the immunity granted under Articles 105(2) and 194(2) is meant to ensure free deliberations in legislative houses. However, bribery undermines this environment, as it influences members to vote or speak in a certain manner, eroding the foundation of Indian constitutional democracy

The ruling clarified that simply accepting a bribe is sufficient to expose a legislator to criminal charges, without requiring any further action in response to the bribe. The Court stressed that bribery tarnishes probity in public life and stated that the offence is complete upon the acceptance of the bribe, regardless of whether a specific action is taken in return.

Furthermore, the Court affirmed that the immunities under Articles 105(2) and 194(2) also apply to proceedings in the Rajya Sabha, including the election of its Vice-President.