The Supreme Court, in a significant development, has announced its intent to scrutinize the entitlement of Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) to immunity in cases where their actions within Parliament or Assembly involve criminal elements. The court, however, emphasized that its examination would be limited to the reconsideration of privileges concerning bribery-related offenses.
Chief Justice of India D Y Chandrachud, presiding over a 7-judge Constitution Bench, stated, “We will not revisit except on the issue of bribery.” Solicitor General Tushar Mehta, representing the Centre, expressed the position that the minority perspective in the P V Narasimha Rao case, as presented by Justice S C Agarwal, was the correct interpretation. This minority viewpoint argued that MPs do not enjoy immunity from criminal prosecution for accepting bribes in exchange for their parliamentary votes or speeches.
The discussion further delved into the interpretation of the Prevention of Corruption Act and Article 105 of the Constitution. The court contemplated whether immunity should apply when an element of criminality is involved in parliamentary actions. The possibility of immunity only applying to actual participation in legislative processes, regardless of the nature of the actions taken, was also discussed.
The hearing will continue on this matter, with implications for the scope of immunity for legislators and the integrity of the legislative process.
