The allegations of giving and taking bribes by 3 MPs in the course of yesterday’s proceedings brings into focus the law on this point, as laid down currently by the Supreme Court. A Constitutional bench of five judges of the Supreme Court in P.V. Narasimha Rao vs. CBI on April 19, 1998, held by a majority of 3 to 2 in the JMM bribery case that bribe-takers who had voted against the no-confidence motion against government on July 26, 1993 were immune from prosecution but the bribe-givers had no such immunity. Consequently on June 4, 1999, the Special Judge discharged Shibu Soren and nine other MPs.

According to the majority judgment of the Supreme Court, the immunity from prosecution is given by one of the privileges of Parliament in article 105 (2) of the Constitution. Article 105 (2) states: “No Member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament.” The majority view is that a prosecution of an MP who takes bribes and votes in pursuance of the bribe is “in respect” of his vote in Parliament and so he cannot be prosecuted. It stated: “To enable members of Parliament to participate fearlessly in Parliament debates members need the wider protection of immunity against all civil and criminal proceedings that bear a nexus to their speech or vote.”

Two other judges, on the other hand, held that the immunity to an MP from any proceedings in a court would be available only for the speech or vote he had given in Parliament and not for an act of taking of a bribe that preceded the making of the speech or vote in Parliament even though the act of taking bribes may have a connection with the speech or vote given by him. They held that the crime of conspiracy to bribe is completed with the agreement to bribe independently, whether the member does or does not vote in Parliament, and therefore there is no question of impeaching his speech or vote when he is prosecuted for taking bribes. Even on the view taken by the majority, taking of bribes by an MP without speaking or voting is not protected by privilege from civil or criminal proceedings.

... contd.