Supreme Court: On Monday, the seven-judge Constitution bench will rule in a case that is noted for a vote
Supreme Court: On Monday, the seven-judge Supreme Court Constitution bench will rule on the matter of MPs and MLAs accepting bribes in exchange for their House votes. On October 5, 2023, a bench of seven judges was scheduled to decide on the reconsideration of the 1998 ruling. The top court is reexamining its ruling in the JMM bribery case, which has been ongoing for 25 years.
On Monday, a seven-judge Supreme Court Constitution bench will rule on the matter of MPs and MLAs accepting bribes in exchange for their House voting rights.
On October 5, 2023, the Chief Justice DY Chandrachud-led Constitution Bench had postponed deciding on this matter. During the arguments, the Central Government had said that bribery can never be a subject of exemption. Parliamentary privilege does not mean placing an MP or MLA above the law.
The judgment was reserved after two days of arguments by several lawyers, including the Attorney General, Solicitor General and amicus curiae PS Patwalia, who is assisting the court in the case. The seven-judge bench is reconsidering the verdict given by a five-judge bench of the apex court in 1998 in the JMM bribery case. That decision exempted MPs and MLAs from prosecution for taking bribes for delivering speeches or voting in the House.
Solicitor General Tushar Mehta, while arguing the case, had urged the court not to go into the aspect of immunity under Article 105 of the Constitution. Mehta said that the crime of bribery occurs when a bribe is given and accepted by lawmakers (MP-MLAs). This can be dealt with under the Prevention of Corruption Act.
During the hearing, the court said that it would hear the matter as to whether the MPs and MLAs can still be given immunity if there is criminality involved in their actions.
