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Offence of bribery complete after legislator takes bribe, says Supreme Court

Offence of bribery complete after legislator takes bribe, says Supreme Court

Supreme Court of India, in a landmark judgement, has ruled that lawmakers can be prosecuted for accepting bribes. The court also overruled its previous 1998 verdict that granted lawmakers immunity in such cases.

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Supreme Court Rules Lawmakers Can Be Prosecuted for Bribery Supreme Court Rules Lawmakers Can Be Prosecuted for Bribery

The Supreme Court decided on Monday (March 4) in a landmark decision that members of Parliament and state legislatures who accept bribes to cast votes and give remarks in the House or assembly might face legal action.

In 1998, the top court's decision upholding immunity in situations involving MPs and MLAs accepting payments in exchange for a speech or a vote in the House or Assembly was overturned. A seven-member Constitution panel led by Indian Chief Justice DY Chandrachud delivered the unanimous decision.

Here are the top five quotes by Chief Justice Chandrachud:

  • "Corruption and bribery by members of the legislature erode probity in public life."

  • "The judgment of the majority in the PV Narasimha Rao case, which grants immunity to lawmakers, has a grave danger and thus, overruled."

  • "The offence of a bribe is crystallized on the taking of illegal gratification and does not depend on if the vote or speech is given later, and the offence is complete when the legislator accepts a bribe".

  • "A member is induced to vote in a certain way because of a bribe and it erodes the foundation of Indian democracy".

  • "Bribery is not protected by parliamentary privilege and the word anything when read with their respective operative words means that a member may claim immunity to say as they feel and vote in a direction in any matter before the house".

Edited By: Puja Mahanta
Published On: Mar 04, 2024