Bribe for vote: Amicus curiae to examine lawmakers' immunity

New Delhi, November 15

The Supreme Court on Tuesday appointed senior advocate PS Patwalia as amicus curiae to assist it in deciding if a lawmaker can claim immunity from prosecution for taking bribes for voting or making a speech in the House?

A five-judge Constitution Bench led by Justice S Abdul Nazeer asked advocate Gaurav Agarwal to assist Patwalia in the matter and posted the matter for further hearing on December 6. The Bench would examine if Article 194(1) and Article 105(2) of the Constitution granted immunity to MLAs/MPs from prosecution for taking or giving bribes to vote in the House. A three-judge Bench headed by the then CJI Ranjan Gogoi had on March 7, 2019 referred the question to a larger Bench, saying it involved important questions of law.

A five-judge Constitution Bench had in 1998 in PV Narasimha Rao’s case held that a lawmaker was immune to prosecution even if he/she took money to vote on the floor of the House.

Another five-judge Constitution Bench in 2007 ruled in Raja Rampal’s case that those who took money to ask questions in Parliament were liable to be expelled from the House permanently. Since the 1998 and 2007 verdicts appear to be contradictory to each other, the present issue might ultimately go to a seven-judge Bench.