In Brief
A seven-judge Supreme Court bench held that Members of Parliament and State Legislatures cannot claim immunity from criminal prosecution for bribery under Articles 105(2) and 194(2) of the Constitution. The court overruled the majority position in PV Narasimha Rao v. State, finding that bribery fails the 'necessity test' for parliamentary privilege as it corrupts rather than protects the legislative process. Bribery is complete upon acceptance of illegal gratification and does not depend on performing the promised act. The court concluded that 'in respect of' means 'arising out of'—limiting privilege to acts integral to legislative functions. Voting in Rajya Sabha elections falls within protection, but only honest voting. Courts and legislatures have concurrent jurisdiction; disciplinary power does not exclude criminal prosecution. The decision emphasizes that probity in public life is fundamental to parliamentary democracy.
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