The Supreme Court on Wednesday agreed to re-examine its 1998 judgment, which granted Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) immunity from prosecution in cases involving bribes for speeches or votes in Parliament or state legislatures.
A Constitution bench of five judges, with Chief Justice D.Y. Chandrachud as its head, announced that it would establish a seven-judge bench to revisit this matter. In 2019, a bench led by then Chief Justice Ranjan Gogoi had referred the significant question to a five-judge bench, recognising its extensive implications and substantial public importance.
This decision came in response to an appeal by Sita Soren, an MLA from the Jharkhand Mukti Morcha (JMM) representing the Jama constituency in Jharkhand, regarding the controversial Jharkhand Mukti Morcha (JMM) bribery case.
In 1998, the Supreme Court’s five-judge bench, in the P.V. Narasimha Rao versus CBI case, had ruled that parliamentarians enjoyed constitutional immunity against criminal prosecution for any speeches delivered and votes cast within the legislative body.