In a significant move towards upholding the integrity of India’s parliamentary democracy, the Supreme Court of India recently delivered a landmark verdict regarding parliamentary privilege and immunity. This verdict, authored by Chief Justice of India D.Y. Chandrachud, has far-reaching implications for combating corruption within legislative bodies.
Background of the Case:
The genesis of this case traces back to the infamous JMM bribery case of 1993, where allegations surfaced that legislators were bribed to influence their votes during a crucial parliamentary session. Subsequently, the Supreme Court, in its majority view, had granted immunity to lawmakers involved in bribery, provided they performed their legislative functions.
History of the Case:
Over the years, the interpretation of parliamentary privilege and immunity had been a subject of debate, with concerns raised about its potential misuse to shield corrupt practices. The JMM bribery case verdict of 1998 set a precedent that immunity extended to legislators who accepted bribes and subsequently performed their duties in the House.
Court’s Recent View:
However, in its recent unanimous verdict, the Supreme Court overruled the previous stance, emphasizing that parliamentary privilege does not shield legislators from criminal prosecution for corruption. Chief Justice Chandrachud emphasized that corruption within legislative bodies undermines the foundational principles of democracy.
Parliamentary Privileges in India:
- Enshrined in Articles 105 and 194 of the Constitution
- Aim to create an atmosphere conducive to discussion and careful consideration within the legislative assembly.
- Include freedom of speech and expression, but do not extend to giving or accepting bribes
Quote from the Constitution of India:
“Articles 105 and 194 of the Constitution seek to sustain an environment in which debate and deliberation can take place within the legislature.”
Parliamentary Privileges Internationally:
Key Facts:
- Vary across jurisdictions but generally encompass similar principles
- Ensure autonomy and effectiveness of legislative bodies
- Include freedom of speech, immunity from arrest, and protection of parliamentary proceedings
The Supreme Court’s ruling on parliamentary privilege marks a significant step towards strengthening democratic values and combating corruption within legislative bodies. By clarifying that immunity does not extend to legislators involved in bribery, the court has upheld the principle of accountability and the rule of law. This landmark verdict reaffirms the judiciary’s commitment to safeguarding the integrity of India’s parliamentary democracy.
Tabular Representation of Parliamentary Privileges:
| Privilege | Description |
| Freedom of Speech | Legislators have the right to express their opinions and viewpoints without fear of repercussion. |
| Immunity from Arrest | Legislators are protected from arrest during the session of the House and while traveling to or from it. |
| Protection of Proceedings | Discussions and proceedings within the legislature are safeguarded from outside interference. |
| Parliamentary Deliberation | Legislators are granted the freedom to deliberate and engage in debate on matters of public interest. |
| Right to Dissent | Legislators have the right to express dissenting opinions and viewpoints without fear of reprisal. |
Source – The Hindu
Also Read- SUPREME COURT OVERRULES IMMUNITY FOR MPS, MLAS IN BRIBERY CASES
