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Supreme Court Overrules 1998 Judgment, MPs and MLAs Not Immune in Bribery Cases

In a landmark decision, the Supreme Court has declared that lawmakers do not have immunity from prosecution in bribery cases, setting aside a previous ruling from 1998.

  • The Supreme Court's seven-judge bench led by Chief Justice DY Chandrachud delivered a unanimous verdict against immunity for MPs and MLAs in bribery cases.
  • This verdict overturns the 1998 judgment that had upheld immunity for lawmakers in cases of bribery for votes or speeches in the House.
  • The court emphasized that bribery is not protected by parliamentary privileges and contradicts Articles 105 and 194 of the Constitution.
  • Corruption and bribery by legislators were deemed destructive to the functioning of Indian Parliamentary democracy.
  • The ruling clarifies that an MLA taking a bribe to vote in Rajya Sabha elections is also liable under the Prevention of Corruption Act.
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