In a significant development, the Supreme Court on Monday overturned its own 1998 judgment, which granted legislators immunity from bribery charges related to their votes in Parliament and Legislative Assemblies. The decision, delivered by a seven-judge Bench led by Chief Justice of India DY Chandrachud, highlighted the grave danger posed by the previous ruling.
"The judgment of the majority in Narsimha Rao (case) which grants immunity to legislators has a grave danger and thus overruled," noted the Chief Justice. The 1998 ruling, stemming from PV Narasimha Rao v State (CBI/SPE), had established immunity for legislators from criminal prosecution in bribery cases linked to their speech and votes in legislative bodies.
However, the recent verdict emphasized that an individual legislator cannot claim immunity, as such a claim is inherently linked to the collective functioning of the house. This interpretation aligns with Articles 105(2) and 194 of the Indian Constitution, which provide protections for members of Parliament and State Legislatures.
The court's decision highlighted that bribery is not shielded under Article 105(2) or 194 of the Constitution, emphasizing the importance of upholding probity in public life. The ruling marks a significant departure from the previous stance and underscores the court's commitment to ensuring accountability and integrity in the legislative process.