In a 3-2 decision, the Supreme Court held in 1998 that Members of Congress who accepted bribes in exchange for their votes in the House were immune from prosecution.A seven-judge Supreme Court bench reversed a 1998 decision on Monday, stating that “corruption and bribery by members of the legislatures erode probity in public life” and that parliamentary privilege cannot be used to protect lawmakers who accepted bribes in exchange for votes or speeches on the House floor.
Members of Parliament (MPs) and members of legislative assemblies (MLAs) would not be immune from prosecution for accepting bribes to speak or vote in Parliament and state legislatures, according to the bench, which was chaired by Chief Justice of India Dhananjaya Y Chandrachud.Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar, and Manoj Misra were also on the bench.
The CJI read aloud the unanimous decision on behalf of the bench, ruling that individual legislators cannot invoke a privilege claim to request protection from prosecution under Articles 105 and 194 against allegations of bribery related to votes or speeches made in the legislature.