No immunity for bribe-taking legislators: Supreme Court | Fusion - WeRIndia

In a groundbreaking move, the Supreme Court of India has ruled that lawmakers cannot hide behind parliamentary privilege to escape criminal prosecution for accepting bribes.

This decisive judgment aims to strengthen the very core of Indian democracy by holding its elected officials accountable for corrupt practices.

Leading the unanimous decision, Chief Justice DY Chandrachud overturned a controversial verdict from 1998, which had previously allowed legislators immunity from corruption charges under certain conditions.

This significant turnaround underscores the court’s position that the act of accepting a bribe itself constitutes a complete offence, regardless of whether the legislator fulfils any promised actions in Parliament or State Assemblies.

The seven judges of the court were worried. They thought if lawmakers used their special rights for their own benefit, it would be bad for democracy in India.

This could lead to a government that doesn’t care about its duties, doesn’t listen, and doesn’t truly represent the people.

Chief Justice Chandrachud specifically noted that the constitutional freedoms of speech and expression do not cover corrupt activities such as giving or receiving bribes.

These freedoms are intended to encourage healthy debate and deliberation, which bribery undermines.

The judgment made it clear that special protection for lawmakers should only cover actions that help keep the respect of the parliament or when they are using their rights to speak freely and protest.

The Supreme Court said that if lawmakers could not be touched for taking bribes, it would put them above everyone else, which is bad for democracy and the rule of law.

The decision also pointed out that both courts and parliament have the power to deal with bribery, making sure that lawmakers are not immune from being checked for corruption.

This landmark ruling marks a crucial step towards preserving the integrity of India’s parliamentary democracy.

By asserting that no member of the legislature is above the law, the Supreme Court has sent a clear message that accountability and transparency are paramount in the fight against corruption.

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