Home » India Supreme Court overrules judgment that granted immunity to politicians charged with bribery

India Supreme Court overrules judgment that granted immunity to politicians charged with bribery

by Derek Andrews
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The India Supreme Court docket held on Monday that the members of Parliament and state legislatures who take bribes to vote or converse in a sure method within the Home are usually not immune from prosecution. The seven-judge bench led by Chief Justice of India DY Chandrachud overruled P.V. Narasimha Rao v State (CBI/SPE), which granted immunity to such politicians and held that such members of the legislature take pleasure in immunity from being charged with bribery in relation to the best way they vote or converse within the Home.

The opposite judges on the bench, together with A S Bopanna, M M Sundresh, P S Narasimha, J B Pardiwala, Sanjay Kumar and Manoj Misra, stated, “Bribery will not be protected by parliamentary privilege. We disagree with and overrule the judgment of the bulk.” In 1998, a majority of 5 judges dominated that state legislatures and members of Parliament weren’t topic to prosecution in instances of bribery pertaining to their votes or speeches within the Home whereas exercising the parliamentary privileges granted by Articles 105(2) and 194(2) of the Constitution of India, so long as they fulfilled their facet of the settlement in trade for the bribe.

Articles 105 and 194 of the Structure take care of powers and the privileges of the Members of Parliament (MPs) and Members of Legislative Meeting (MLAs) within the Parliament and the Legislative Meeting. The authorized protect offered to lawmakers underneath these articles protects them from prosecution. Whereas delivering the judgment, Chandrachud stated, “Corruption and bribery of members of the legislature erode the muse of Indian Parliamentary democracy. It’s damaging of the aspirational and deliberative beliefs of the Structure and creates a polity which deprives residents of a accountable, responsive and consultant democracy.”

This judgment comes at a really essential juncture, contemplating the nationwide elections in India are pending in Might this yr.

Source / Picture: jurist.org

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