Malaysian Bar president disappointed over ‘disrespect’ of Federal Court in Kelantan’s re-enactment plans, condemns death threats against Nik ElinMARCH 8 — In a landmark decision, a seven-judge Constitution Bench of the Supreme Court of India on Monday unanimously ruled that Members of Parliament and Members of Legislative Assemblies could not claim any immunity from prosecution for accepting bribes to cast a vote or make a speech in the House in a particular fashion.
“Corruption and bribery of members of the legislature erode the foundation of Indian parliamentary democracy. It is destructive of the aspirational and deliberative ideals of the Constitution and creates a polity which deprives citizens of a responsible, responsive and representative democracy.” The head of Indian judiciary considered representative democracy was at stake and dismissed notions that whittling down of parliamentary immunity would expose a vote or a speech made by Opposition lawmakers in the House to criminal investigation and thus enhance the possibility of abuse of the law by political parties in power.
Article 105 and Article 194 state that no member of Parliament/Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament/Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of any report, paper, votes or proceedings.
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