The Supreme Court ruled that MPs and MLAs are not immune from prosecution for bribery cases.
Key Points
The Supreme Court unanimously overturns its 1998 ruling in which it denied but now The SC allowed prosecution of MPs and MLAs for bribery cases.
The decision came in the case which involves Sita Soren, accused of accepting a bribe in the 2012 Rajya Sabha elections.
The CBI filed charges, prompting her plea for immunity under Article 194(2), leading to an appeal in the Supreme Court.
The supreme Court reviewed legislative privileges, emphasizing that they must align with constitutional parameters and cannot shield legislators from criminal prosecution.
The court clarifies that immunity from prosecution does not extend to bribery cases, as such actions undermine the purpose of legislative privileges, meant to foster debate and deliberation.
The Court also rejects the interpretation that bribery-related matters fall under parliamentary privilege.
It asserts that bribery is not essential to the legislative process and hence not immune from prosecution.
The court said Corruption within the legislature undermines democracy's foundation, eroding public trust and the deliberative ideals of the Constitution.