The Supreme Court of India has decided to re-examine its 1998 judgment that granted Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) immunity from prosecution for accepting bribes in exchange for making speeches or casting votes in Parliament or state legislatures. A five-judge Constitution bench, headed by Chief Justice DY Chandrachud, has decided to set up a seven-judge bench to re-examine the matter.
The 1998 judgment established that parliamentarians had immunity under the Constitution against criminal prosecution for any speech made and the vote cast inside the House. However, the decision to re-examine this judgment comes in response to a 2019 referral by a three-judge bench, which noted the “substantial public importance” of the issue. This referral was related to the Jharkhand Mukti Morcha (JMM) bribery case, involving an MLA accused of taking bribes for voting in a particular way during the Rajya Sabha elections.
This re-examination could have significant implications for the legal immunity currently enjoyed by MPs and MLAs regarding their parliamentary activities.
