CJI to lead 7-judge Bench to revisit order on immunity for corrupt lawmakers

Satya Prakash

New Delhi, September 26

Led by Chief Justice of India DY Chandrachud, a seven-judge Constitution Bench will commence hearing on October 4 to examine if lawmakers can claim immunity from prosecution for taking bribes for voting in the House.

Other Judges

Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar and Manoj Misra

Besides CJI Chandrachud, other judges on the Bench are Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar and Manoj Misra, the top court announced on its website.

Twentyfive years after a five-judge Constitution Bench in PV Narasimha Rao’s case ruled that a lawmaker was immune to prosecution even if he/she took money to vote on the floor of the House, a five-judge Bench led by the CJI had on September 20 referred the issue to a seven-judge Constitution Bench to reconsider the correctness of the 1998 judgment.

“This enumeration of the legal position indicates that the decision in Narasimha Rao (case) is wrong… If it also furthers public morality on the part of our elected representatives, then we should not defer our decision to some uncertain day in the future….The correctness of view propounded in majority of Narasimha Rao (case) needs to be dealt with,” the CJI had said.