No exemption for MPs, MLAs in bribery cases-Supreme Court

Amaravati: The seven-member bench of the Supreme Court has given a sensational verdict in the bribery cases of MPs and MLAs. A bench headed by CJI DY Chandrachud comprising Justices AS Bopanna, MM Sundaresh, PS Narasimha, JB Pardiwala, Sanjay Kumar and Manoj Mishra gave a unanimous verdict that MPs and MLAs are not exempt in bribery cases. The Supreme Court recently overturned the judgment given by the five-member bench. The seven-member bench made it clear that public representatives who commit bribes in the Assembly and Parliament should face investigation. The Supreme Court held that the immunity of Members of Parliament against criminal prosecution for any speech or vote made in the House under Article 194(2) and Article 105(2) of the Constitution is no longer valid.
Taking a bribe in the legislature, speaking in the parliament, voting is a criminal act, and taking a bribe from a public representative is a crime. The Supreme Court held that the PV Narsimha judgment was against Articles 105/194. He opined that bribery is not protected by parliamentary powers, the intent and purpose of legislative powers must be kept in mind. Powers belong to the legislature collectively.
The Supreme Court said that Article 105/194 seeks to create an environment of fear for the members. Corruption, bribery of legislators destroys the functioning of Indian parliamentary democracy.
The Supreme Court has made it clear in its verdict that MLAs who take bribes to vote in Rajya Sabha elections will also be liable under the Prevention of Corruption Act.