A seven-judge constitution bench headed by Chief Justice of India DY Chandrachud unanimously overruled the 1998 verdict delivered by a five-judge bench in the JMM bribery case by which MPs and MLAs were granted immunity from prosecution for taking a bribe to make a speech or vote in the legislature.

Pronouncing the verdict, CJI Chandrachud said bribery is not protected by parliamentary privileges and the interpretation of the 1998 verdict is contrary to Articles 105 and 194 of the Constitution.

“An MP/MLA can't claim immunity from prosecution on a charge of bribery in connection with the vote or speech in the legislative house,” the ruled the seven-judge bench.

The SC said corruption or bribery by a member of legislature erodes probity in public life and accepting bribes itself constitutes the offence.