The 1998 judgment of the Supreme Court, which granted legislators immunity from bribery charges in connection with their votes in Parliament and Legislative Assemblies, has been disagreed with and overruled by the Supreme Court on Monday. The Chief Justice of India, DY Chandrachud, leading a seven-judge Bench, highlighted the grave danger posed by the majority judgment in the Narsimha Rao case and stated that it has been overruled.
The previous judgment, delivered in the PV Narasimha Rao v State (CBI/SPE) case, held that legislators are immune from criminal prosecution for bribery related to their speech and votes in the legislative bodies. However, the Chief Justice stated that individual legislators cannot claim immunity as it is tied to the collective functioning of the house. The interpretation in the Narsimha Rao judgment was found to be contrary to Articles 105(2) and 194 of the Indian constitution. The CJI emphasized that bribery is not protected under these constitutional provisions and that it undermines integrity in public life.