In a landmark verdict that shakes the foundation of Indian politics, the Supreme Court on Monday revoked a 25-year-old judgment that granted immunity to legislators in bribery cases. This decision, delivered by a seven-judge bench led by Chief Justice D.Y. Chandrachud, marks a turning point in the fight against corruption in the country’s highest offices.
1998 IMMUNITY JUDGMENT CRUMBLES
The judgment dismantles a controversial 1998 verdict in the “PV Narasimha Rao (case)”. Back then, a 3:2 majority bench ruled that legislators enjoyed immunity from criminal prosecution for bribery offenses connected to their votes and speeches in Parliament and state assemblies.
The 2024 verdict takes a clear stance against this interpretation. Chief Justice Chandrachud, highlighting the potential for misuse within the 1998 ruling, declared, “The judgment of the majority in Narasimha Rao (case) which grants immunity to legislators has a grave danger and thus overruled.”
BRIBERY STRIPPED BARE: NO IMMUNITY FOR CORRUPTION
The Court’s verdict makes a powerful statement: immunity granted under Articles 105(2) and 194(2) of the Constitution does not shield legislators from bribery charges. Chief Justice Chandrachud delivered a clear message, stating, “Bribery is not rendered immune under Article 105 (2) or 194 of the Constitution… Bribery erodes probity in public life.”
This clarification removes any ambiguity regarding the legal status of bribery within the legislative sphere. Legislators, previously shielded by a veil of immunity, are now exposed to the full force of the law if caught accepting bribes.
THE JMM BRIBERY CASE: A CATALYST FOR CHANGE
The current verdict finds its roots in a reevaluation of the JMM bribery case that unfolded in 1993. The case involved several MPs and MLAs who allegedly accepted bribes to vote against a no-confidence motion, ultimately saving the P.V. Narasimha Rao government. Citing immunity under Article 105(2), the Supreme Court, in its 1998 judgment, quashed the Central Bureau of Investigation (CBI) case against them.
The 2024 verdict marks a significant shift. The Court now recognizes that bribery constitutes a criminal offense, regardless of its connection to legislative activities. This ruling effectively dismantles the shield previously used by corrupt legislators to escape prosecution.
A LONG AND WINDING ROAD TO JUSTICE
The issue of legislative immunity in bribery cases has been a subject of intense debate for several years. In 2019, acknowledging the far-reaching implications and immense public interest surrounding the matter, a bench led by then Chief Justice Ranjan Gogoi referred the case to a larger five-judge bench. This ultimately led to the landmark decision delivered in 2024.
A BRIGHTER FUTURE FOR INDIAN POLITICS?
The Supreme Court‘s verdict is a resounding victory for those who advocate for greater accountability among elected officials. By revoking immunity for bribery, the Court has sent a powerful message that corruption will be met with legal consequences, irrespective of the perpetrator’s position. This decision is likely to have a lasting impact on Indian politics, potentially fostering greater transparency and restoring public trust in the country’s democratic institutions.
THE ROAD AHEAD: CHALLENGES AND OPPORTUNITIES
While the verdict is a positive step, challenges remain. Effective implementation is crucial. Investigative agencies like the CBI must be adequately equipped to tackle complex corruption cases involving powerful individuals. Additionally, robust whistleblower protection mechanisms are essential to encourage individuals to come forward and report bribery attempts.
The fight against corruption in Indian politics is far from over. However, the Supreme Court’s verdict serves as a powerful deterrent and a beacon of hope for a cleaner, more accountable political future in India.
