MPs and MLAs are not exempted in bribery cases

No one is above the law: Supreme Court

It is wrong to take bribes to ask questions and vote in legislatures

They cannot be afforded constitutional protection

Have to face the investigation

A landmark judgment by the Supreme Court

25 years old judgment set aside

(Special Task Bureau) Hyderabad, March 4 (Namaste Telangana): The Supreme Court on Monday gave a sensational verdict on the matter of investigating any member of the legislature for corruption. The court ruled that there is no exemption for MPs and MLAs in bribery cases. It has been clarified that taking bribes to ask questions, make speeches and cast votes in the legislatures cannot be constitutionally protected.

To this extent, a seven-member constitution bench comprising Chief Justice of India (CJI) Justice DY Chandrachud, Justice AS Bopanna, Justice MM Sundaresh, Justice PS Narasimha, Justice JB Pardiwala, Justice Sanjay Kumar and Justice Manoj Mishra gave a unanimous verdict. Court set aside 1998 PV Narasimha Rao Government v CBI verdict

Key remarks of the Supreme Court during the hearing of the case

If the members of Parliament and Assembly take bribes, ask questions, make speeches, or cast votes after taking money, they have to face investigation. Why should constitutional *protection be given to such people?

Corruption and taking bribes by public representatives destroys the functioning of the Parliament system


Voting legislators by taking money is destroying the foundations of Indian democracy.


Lawmakers are not exempt in bribery cases. Corruption like this cannot be protected by parliamentary powers. Those who are guilty of corruption should face investigation.


Allegations of bribery undermine the credibility of lawmakers in public life.


In 1998, the ruling in the case of PV Sarkar vs. CBI was against the provisions of Articles 105 and 194 of the Constitution. That judgment, which is meant to protect the bribed lawmaker, cannot be followed.


♦️Upvoted? Did you speak favorably? Or?? After that..


  Have you taken a bribe before? Or? That's what matters. Taking a bribe is like committing a crime. Despite receiving money, 'didn't vote in favor? Even if someone corrects that he did not give a speech, it will not go away.


A lawmaker found to have accepted a vote bribe will face prosecution under the Anti-Corruption Act.


What is the case?


Jharkhand Mukti Morcha (JMM) MLA Sita Soren was accused of taking a bribe to vote for an independent candidate in the 2012 Rajya Sabha elections. CBI has registered a case on this. She first approached the Jharkhand High Court seeking dismissal of the case. After the High Court rejected her request, she went to the Supreme Court


From two to finally seven..


The issue of bribery of public representatives in legislatures is very complex. Four times the Supreme Court had to set up special constitutional benches to issue a verdict on this. After the High Court rejected Sita Soren's case, a two-member Supreme Bench conducted an inquiry in 2014 on her plea. However, in view of the importance of the case, it was recommended to a three-judge bench. As a result, a three-member bench headed by the then Chief Justice Ranjan Gogoi was formed in 2019. Finally, the case was recommended to a five-member constitutional bench


Later, a five-member bench headed by CJI Justice DY Chandrachud heard the case. On this occasion, there is a need to re-examine the judgment given in PV Narasimha Rao Sarkar vs. CBI case of 1998. With this, a seven-member broad bench was formed. A wide bench conducted the inquiry and issued the latest verdict


 

What happened in the 1998 case?


In 1993, the then Prime Minister PV Narasimha Rao's government faced a no-confidence motion. Shibusoren, who was a JMM MP at that time, and five other MPs from the same party were accused of taking bribes and voting in favor of the PV government. With their support, the PV government won with 265 votes despite being in the minority. However, CBI registered a case after the case of JMM MPs taking bribes raised a scandal. However, the Supreme Court ruled in 1998 to give relief to Soren's group. The bench said that public representatives are exempted from the investigation of bribery cases and dismissed the case


What will happen with the latest verdict of the Supreme Court?


Not-to-vote cases regarding legislators have become a threat to the transparent election process. Before the Supreme Court verdict, there was no possibility of prosecuting lawmakers in bribery cases. However, as the court has recently removed the constitutional protections for them, any lawmaker who has taken bribes for votes or for asking questions or speaking will have to face prosecution under the Prevention of Corruption Act.


Great judgement: PM Modi


New Delhi, March 4: Prime Minister Modi hailed the Supreme Court's judgment in the JMM corruption case as "great". The Prime Minister said that it will promote clean politics and increase people's confidence in the political system. Servon said there is no exemption for lawmakers in bribery cases