The Supreme Court on Monday overruled a 1998 verdict granting immunity to lawmakers from prosecution for taking bribes to make speeches, and cast votes in the legislature. Chief Justice of India, DY Chandrachud said that "bribery is complete when bribery is accepted".
The unanimous verdict was delivered by a seven-member constitution bench led by the Chief Justice.
The Chief Justice said, "We have independently adjudicated on all aspects of the controversy. Do Parliamentarians enjoy immunity? We disagree and overrule the majority on this aspect."
"Corruption and bribery by members of the legislature erode probity in public life," he added.
In the 1998 verdict, a five-member bench ruled that MPs and MLAs were immune from prosecution for taking bribes to make speeches, and cast votes in the legislature under parliamentary privileges conferred by Articles 105(2) and 194(2) of the Constitution.
However, in a 2012 appeal, Jharkhand Mukti Morcha leader Sita Soren accused of accepting a bribe for a Rajya Sabha vote that year, had claimed immunity under Article 105.
But the Jharkhand High Court dismissed the appeal, which was later challenged in the Supreme Court.
In October 2023, a seven-judge bench of the Supreme Court reserved its verdict following a two-day hearing.
While announcing the verdict on Monday, Chief Justice Chandrachud also said that "bribery is not rendered immune under Article 105".
He also said taking a bribe for "illegal gratification does not depend on if the vote or speech is given later".
"The offence is complete when a legislator accepts a bribe."
