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Supreme Court Says MP, MLA Can’t Claim Immunity From Prosecution On Charges Of Bribery

The seven-judge Constitution bench of the Supreme Court said it disagreed with the judgment in PV Narasimha and the judgment in PV Narasimha which grants immunity to legislators for allegedly bribery for casting a vote or speech has “wide ramifications and overruled”.

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New Dehi: The Supreme Court in a significant ruling on Monday said that 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 top court observed that corruption and bribery by legislators destroy the functioning of Indian Parliamentary democracy.

The seven-judge Constitution bench of the Supreme Court said it disagreed with the judgment in PV Narasimha and the judgment in PV Narasimha which grants immunity to legislators for allegedly bribery for casting a vote or speech has “wide ramifications and overruled”.

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The Supreme Court’s seven-judge bench in its unanimous view overruled the 1998 PV Narasimha Roa judgment case which granted immunity to MPs/MLAs from prosecution to bribery for voting in Parliament.

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While hearing the matter, the Chief Justice said, “We have independently adjudicated on all aspects of the controversy. Do Parliamentarians enjoy immunity? We disagree and overrule majority on this aspect.”

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