Vote For Note: The Supreme Court reversed its own decision in the note for vote case, said - MP-MLAs are not exempted

Posted on 4th Mar 2024 by rohit kumar

The Supreme Court has given its verdict on the issue of currency notes for votes. The bench has overturned its previous decision of 26 years. CJI has expressed disagreement on giving relief to the MPs.

 

The Constitution Bench of seven judges has given this decision unanimously. Now if MPs give speeches or vote in the House by taking money, then a case will be filed against them.

 

The Supreme Court cited Article 105 of the Constitution. The court said that there is no exemption for anyone from bribery. There will be no immunity from prosecution for taking bribes and voting.

 

Rejected the previous decision of the court

CJI DY Chandrachud said, "We disagree with the decision in the PV Narasimha case. At the same time, the previous decision of the court is being rejected. In the 'PV Narasimha Rao vs. CBI case', in the last 25 years i.e. in 1998, there was a 'vote' in the House. MPs were said to be exempted from prosecution in the 'exchanged notes' case.

 

The court mentioned Article 105

In a majority decision, the five-judge bench then found that MPs are immune from criminal prosecution under Articles 105(2) and 194(2) for any speech or vote given inside the House. Articles 105 and 194 deal with the powers and privileges of MPs and MLAs in Parliament and Legislative Assemblies.

 

Bribery a threat to Indian democracy: Court

The Supreme Court believes that corruption and bribery by legislators destroy the functioning of Indian parliamentary democracy.

 

On the Supreme Court's decision, lawyer Ashwini Upadhyay said, "Today the seven-judge Constitution bench of the Supreme Court said that if an MP takes money for asking questions or voting in the Rajya Sabha elections, then they cannot claim immunity from prosecution." The Supreme Court said that taking money for voting or asking questions would destroy the functioning of Indian parliamentary democracy."

 

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