Supreme Court's Landmark Judgment in Bribe-for-Vote Case

• 07 Mar 2024

On 5th March, 2024, the Supreme Court ruled that MPs and MLAs are not immune from prosecution for bribery cases.

Key Points

• Overturning Precedent: The Supreme Court unanimously overturns its 1998 ruling, allowing prosecution of MPs and MLAs for bribery cases.
• Case Background: The case 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.
• Legislative Privileges Review: The Court reviews legislative privileges, emphasizing that they must align with constitutional parameters and cannot shield legislators from criminal prosecution.
• Purpose of Immunity: The ruling 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.
• Interpretation of Article 105(2): The Court 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.
• Offence of Bribery: The verdict emphasizes that the offence of bribery is complete upon acceptance of the bribe, irrespective of subsequent actions like voting or speech-making.
• Parallel Jurisdictions: It clarifies that judicial proceedings for bribery charges can coexist with disciplinary actions by the House, as they operate in distinct spheres and serve different purposes.
• Democracy's Integrity: Corruption within the legislature undermines democracy's foundation, eroding public trust and the deliberative ideals of the Constitution.
• Application to Rajya Sabha Elections: The principles laid down apply equally to elections to the Rajya Sabha, reinforcing the Court's jurisdiction over bribery cases in legislative contexts.