NEW DELHI: The Supreme Court on Monday overruled the 1998 Narasimha Rao verdict which had shielded MPs who had indulged in vote-for-bribe and saved them from prosecution for voting in favour of Narasimha Rao-led Congress authorities in 1993.
“The 1998 ruling was paradoxical as it protected bribe taking MPs who vote in consideration of it but allowed prosecution of those who did not vote,” the 7-judge SC bench stated in its unanimous verdict.
“An MP or MLA can’t claim immunity from prosecution on a charge of bribery in connection with the vote/speech in the Parliament/legislative assembly,” the bench headed by CJI DY Chandrachud stated.In 1998, a five-judge bench delivered its verdict within the JMM bribery case as per which MPs and MLAs have been granted immunity from prosecution for taking bribe to make a speech or vote within the legislature.
Pronouncing the decision, the highest court docket added that bribery is not protected by parliamentary privileges and interpretation of 1998 verdict is opposite to Articles 105 and 194 of the Constitution.

“Corruption and bribery by legislators destroy the functioning of Indian parliamentary democracy,” the bench comprising CJI Chandrachud and Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar and Manoj Misra stated.
Articles 105 and 194 take care of the powers and privileges of MPs and MLAs in Parliament and legislative assemblies.