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Supreme Court's Landmark Judgment in Bribe-for-Vote Case

  • 07 Mar 2024

On 5th March, 2024, the Supreme Court ruled that MPs and MLAs are not immune from prosecution for bribery cases.

Key Points

  • Overturning Precedent: The Supreme Court unanimously overturns its 1998 ruling, allowing prosecution of MPs and MLAs for bribery cases.
  • Case Background: The case involves Sita Soren, accused of accepting a bribe in the 2012 Rajya Sabha elections.
  • The CBI filed charges, prompting her plea for immunity under Article 194(2), leading to an appeal in the Supreme Court.
  • Legislative Privileges Review: The Court reviews legislative privileges, emphasizing that they must align with constitutional parameters and cannot shield legislators from criminal prosecution.
  • Purpose of Immunity: The ruling clarifies that immunity from prosecution does not extend to bribery cases, as such actions undermine the purpose of legislative privileges, meant to foster debate and deliberation.
  • Interpretation of Article 105(2): The Court rejects the interpretation that bribery-related matters fall under parliamentary privilege.
  • It asserts that bribery is not essential to the legislative process and hence not immune from prosecution.
  • Offence of Bribery: The verdict emphasizes that the offence of bribery is complete upon acceptance of the bribe, irrespective of subsequent actions like voting or speech-making.
  • Parallel Jurisdictions: It clarifies that judicial proceedings for bribery charges can coexist with disciplinary actions by the House, as they operate in distinct spheres and serve different purposes.
  • Democracy's Integrity: Corruption within the legislature undermines democracy's foundation, eroding public trust and the deliberative ideals of the Constitution.
  • Application to Rajya Sabha Elections: The principles laid down apply equally to elections to the Rajya Sabha, reinforcing the Court's jurisdiction over bribery cases in legislative contexts.