New Delhi, March 4 -- The Supreme Court on Monday overturned the 1998 PV Narasimha Rao judgment, which held that members of parliament and legislative assemblies could claim immunity under Articles 105(2) and 194(2) of the Constitution for receiving a bribe in contemplation of a vote or speech in the legislature.
A seven-judge bench of Chief Justice of India DY Chandrachud, Justice AS Bopanna, Justice MM Sundresh, Justice PS Narasimha, JB Pardiwala, Sanjay Kumar, and Manoj Misra said, "We hold that bribery is not protected by parliamentary privileges." Bribery is not rendered immune under Articles 105 or 194 because a member engaging in bribery indulges in a criminal act that is not essential for the function of casting a vote or giving a ...