Privileges for Legislators in India

Privileges for Legislators in India

News: Recently, the Supreme Court of India ruled that MPs or MLAs cannot claim any immunity under Articles 105 (2) and 194 (2) for acts of bribery to cast a vote or make a speech in the House.

Background:
• A seven-judge Constitution Bench headed by Chief Justice of India (CJI) unanimously overruled its Judgement in P.V Narasimha Rao v. State (1998).

What is the PV Narasimha Rao vs State (1998) case?
• The P.V. Narasimha Rao vs State (CBI/SPE) (1998) case was related to the infamous JMM bribery case, where it was alleged that MPs were bribed to vote in favor of the P.V. Narasimha Rao government during a no- confidence motion.
• In the 1998 verdict, a five-judge bench of the Supreme Court, in a 3:2 majority decision, held that legislators were immune from prosecution for bribery concerning their speeches and votes in Parliament and Legislative Assemblies.

Supreme court’s verdict
• The Supreme Court of India ruled that MPs and (MLAs cannot claim any immunity from prosecution for accepting bribes to cast a vote or make a speech in the House.
• The court stated that the object of parliamentary privileges is not to set apart the members of the legislature as persons who wield higher privileges in terms of immunity from the application of the general criminal law of the land.
• It has significant implications for the exercise of parliamentary privileges and the scope of judicial review.

Parliamentary and Legislative Immunity in India
• It is a system in which members of the legislature are granted protection from legal prosecution for actions taken or statements made in the course of their official duties.
• In India, this concept is enshrined in the Constitution and plays a crucial role in the functioning of the country’s parliamentary democracy.

Constitutional provision
• Article 105(2): No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
• Article 194(2): No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings

Impact of recent judgement
• It underscores the principle that no one is above the law, not even lawmakers, and sends a strong message against corruption and bribery in the legislative process.
• It opens the doors for law enforcement agencies to initiate prosecution against legislators in bribery cases under the Prevention of Corruption Act, 1988.
• It will provide for greater accountability and transparency in legislative processes.