New Delhi:Â The Centre on Wednesday clarified its stand before a seven-judge Constitution bench, headed by CJI D.Y. Chandrachud, that the immunity given to M.P.s and MLAs should not protect them from criminal prosecution for accepting bribes to vote in a particular manner in the Parliament or state legislatures.
In its report submitted to the Supreme Court, the Union government stated that the parliamentary privilege available to members of Parliament and state legislatures under the Constitution cannot shield them from prosecution under the Prevention of Corruption (P.C.) Act if lawmakers get involved in bribery to vote or ask questions on the floor of the House.
Solicitor General Tushar Mehta, appearing for the Centre before the bench, said that the question of immunity under Articles 105(2) and 194(2) of the Constitution will not arise in cases where a bribe is offered and a legislator accepts it.
“Whether the legislator fulfills his part of the bargain or not, or whether there is a vote cast or a question asked, is immaterial the moment the bribery offense is complete outside the legislative House. The same is because if the said offense is complete outside the legislative House itself, the existing privilege in House for functions does not arise,” the Solicitor General told the bench.
He added that the performance part of the bargain regarding giving a vote or speech is irrelevant as the offense is committed outside the House.
“There is now a fair degree of commonality of understanding; we would like you to assist the court, adding that the issue of immunity when there is criminality attached in lawmakers’ action is still required to be determined as far as the question on immunity concerned,” CJI Chanrachud remarked on this.
The bench is reconsidering a judgment of the apex court granting immunity to legislators from criminal prosecution concerning their speech and votes in the House.
In its 1998 judgment in P.V. Narasimha Rao versus CBI case, the Apex Court held that the parliamentarians, against the backdrop of Article 105 of the Constitution, enjoy immunity against criminal prosecution regarding anything said or any vote given in Parliament.
Similarly, Article 194(2) confers immunity to Members of the State Legislatures.
However, the Supreme Court had referred the matter to a more oversized 7-judge Constitution Bench, saying that the object of Articles 105 and 194 is not to set apart the members of the legislature as persons who wield higher privileges in terms of immunity from the application of the general criminal law which citizens do not possess.
