Guruji’s ‘contribution’ to development of jurisprudence on corruption

while condoling the death of former Jharkhand Chief Minister and Jharkhand Mukti Morcha (JMM) founding member Shibu Soren, almost all prominent political leaders, including President Droupadi Murmu and Prime Minister Narendra Modi, hailed his contribution to social justice and tribal empowerment.

But his ‘contribution’ to the development of jurisprudence on corruption in India has largely remained unacknowledged. Beginning with the defeat of the July 1993 no-confidence motion against PV Narasimha Rao Government with the ‘help’ of JMM MPs, his political journey - interrupted, and at times smoothened, by judicial verdicts - has been no less than a roller coaster ride.

The support of 14 opposition MPs was needed to defeat the no-confidence motion moved on July 26, 1993, against the minority government led by Rao. The no-confidence motion was defeated on July 28, 1993, with 251 members voting in its favour and 265 against. JMM MPs Shibu Soren, Suraj Mandal, Simon Marandi and Shailender Mahto and some Janata Dal (Ajit Singh Group) MPs voted against it. Ajit Singh himself abstained from voting.

Following allegation that JMM MPs were bribed by the Government, Rashtriya Mukti Morcha president Ravinder Kumar approached the CBI on January 1, 1996 for the registration of an FIR for alleged bribing of opposition MPs to save the Narasimha Rao Government during the July 1993 no-confidence motion.

On March 25, 1996, the CBI registered four FIRs against the four JMM MPs, including Shibu Soren. However, on May 24, 1996, the Delhi High Court ordered the CBI to register a fresh FIR on RMM’s complaint that named Rao. As the four JMM MPs were arrested by the CBI, Mahto turned approver and spilled the beans.

In three chargesheets filed in a Delhi Special Court, the CBI named 20 politicians, including Rao and Soren, on corruption charges for giving or accepting bribes. As the trial court framed charges against Soren and 19 others, in October 1997, Rao, Bhajan Lal and M Veeraappa Moily moved the Supreme Court, claiming constitutional immunity under Article 105(2) of the Constitution that protected MPs from “any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof”.

On April 17, 1998, by a three-two majority, a five-judge Constitution Bench gave a bizarre ruling. It ruled that Article 105(2) provided immunity to bribe-takers - Soren, Mandal, Marandi, Mahato and others - as their act involved ‘voting in Parliament’ while alleged bribe givers were liable to prosecution.

Fondly addressed as ‘Guruji’ by his followers, Soren senior and his fellow JMM leaders got away with the crime but Rao, Buta Singh and some others faced trial. Rao and Buta Singh were convicted by the trial court in September 2000 but they were later acquitted by the Delhi High Court.

However, the five-judge 1998 Constitution Bench ruling giving protection to bribe-taking lawmakers remained the law of the land for 26 years, only to be reversed by a seven-judge Constitution Bench on March 4, 2024 in a corruption case involving Shibu Soren’s daughter-in-law Sita Soren.

“Bribery is not rendered immune under Article 105(2) and the corresponding provision of Article 194 because a member engaging in bribery commits a crime which is not essential to the casting of the vote or the ability to decide on how the vote should be cast. The same principle applies to bribery in connection with a speech in the House or a Committee,” the Bench led by then CJI DY Chandrachud said, overruling the 1998 verdict.

As we condole Guruji’s death, lets also acknowledge his ‘contribution’ to the development of jurisprudence on corruption in India.