India News | Highlights of SC Verdict on Lawmakers' Immunity Issue
Get latest articles and stories on India at LatestLY. Following are the highlights of the verdict by a seven-judge Constitution bench of the Supreme Court that on Monday said MPs and MLAs taking bribes to vote or make a speech inside the legislature are not immune from prosecution:
New Delhi, Mar 4 (PTI) Following are the highlights of the verdict by a seven-judge Constitution bench of the Supreme Court that on Monday said MPs and MLAs taking bribes to vote or make a speech inside the legislature are not immune from prosecution:
* SC overturns its five-judge Constitution bench verdict of 1998 in JMM bribery case
* SC says bribery and corruption by lawmakers "erode the foundation" of Indian Parliamentary democracy
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* SC says corruption and bribery by members of legislatures erode probity in public life
* SC says individual member of legislature cannot assert claim of privilege to seek immunity under Article 105 and Article 194 of the Constitution from prosecution on charge of bribery in connection with vote or speech in legislature
* SC says bribery not rendered immune under Article 105(2) and corresponding provision of Article 194 because member engaging in bribery commits a crime which is not essential to the casting of the vote or the ability to decide on how the vote should be cast
* SC says Article 105 and Article 194 of the Constitution seek to sustain an environment in which debate and deliberation can take place within legislature
* SC says offence of bribery is agnostic to performance of agreed action and crystallises based on exchange of illegal gratification
* SC says development of constitutional jurisprudence would virtually come to standstill if apex court "denuded" of its power to reconsider its decisions
* SC says privileges enjoyed by members of House "tethered intrinsically" to functioning of House collectively
* SC says 1998 verdict in JMM bribery case results in "paradoxical outcome" as it rewards lawmaker who accepts bribes and votes on agreed terms with immunity but prosecutes those who take it but casts their votes independently.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)