Supreme Court Ends Immunity for Bribery: A New Era for Parliamentary Accountability

In a landmark judgment, a seven-judge Constitution Bench of the Supreme Court, led by Chief Justice D.Y. Chandrachud, unanimously overruled the 1998 P.V. Narasimha Rao v. State verdict. The Court held that the immunity granted to Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) under Articles 105(2) and 194(2) of the Constitution does not extend to cases of bribery. The core of the controversy rested on whether the phrase "in respect of" anything said or any vote given in the House provided a blanket shield against criminal prosecution for bribery. The Court clarified that the offense of bribery is complete the moment a legislator accepts illegal gratification. It is independent of whether the legislator actually delivers the promised speech or vote. Therefore, the act of taking a bribe is not "essential" to the discharge of legislative duties and does not warrant protection.