In a landmark verdict on Monday, the Supreme Court declared that lawmakers cannot seek immunity for accepting bribes to deliver speeches or cast votes within the legislature. The ruling, pronounced by a seven-judge constitution bench led by Chief Justice DY Chandrachud, overturned the 1998 PV Narasimha Rao case decision, which had granted parliamentarians immunity from criminal prosecution for actions taken within the House.

Chief Justice Chandrachud emphasized that bribery is not protected by parliamentary privileges and that the interpretation of the 1998 verdict contradicted Articles 105 and 194 of the Constitution, which govern the powers and privileges of MPs and MLAs.

During the hearing, Chief Justice Chandrachud stated, “Bribery is not rendered immune under Article 105(2) or 194 of the constitution. Bribery erodes probity in public life.”

The judgment comes after the apex court reserved its decision on October 5, 2023, following extensive arguments from various legal representatives, including the attorney general and the solicitor general. The court revisited the issue 25 years after the JMM bribery scandal, indicating the significant implications it holds for the morality of the polity.

The reconsideration of the judgment was initiated in 2019 when Sita Soren, JMM MLA and daughter-in-law of party chief Shibu Soren, appealed against her implication in the JMM bribery scandal. The case drew attention to the constitutional provision granting immunity to lawmakers, a privilege she sought to apply to her situation.

The JMM bribery scandal involved allegations that MPs and MLAs accepted bribes to influence votes during the no-confidence motion against the P V Narasimha Rao government in 1993. The CBI had registered a case against Sita Soren and four other JMM Lok Sabha MPs, but the Supreme Court had previously quashed it, citing immunity under Article 105(2) of the Constitution.