Context

• Recently, the Supreme Court has overturned its 26-year-old decision on the note-for-vote issue.

Background

• It is noteworthy that in the 'PV Narasimha Rao vs. CBI case', in the last 25 years i.e. in 1998, in the House, MPs were given immunity from prosecution in the 'note for vote' case.
• As a result, at that time the Constitution Bench of 5 judges had decided with a majority of 3:2 that public representatives cannot be prosecuted in such cases.

Key Points

• Recently the Supreme Court again heard this matter. Subsequently, the seven-judge Constitution bench led by DY Chandrachud has unanimously ruled that if MPs take money to give a speech or vote in the House, they will be prosecuted.
• The Supreme Court believes that corruption and bribery by legislators destroy the functioning of Indian parliamentary democracy.
• As a result, if any MP or MLA votes or asks a question in the House after taking bribes, he will not be exempted from the case under privilege.
• Apart from this, there is no provision for exemption from bribery in Articles 105 and 194 of the Constitution because bribery is a criminal act and it is not necessary for giving speech or voting in the House.
• The Constitution Bench also said that the interpretation of the judgement given in the PV Narasimha Rao case is contrary to Articles 105 and 194 of the Constitution.
• The above Constitution bench comprised CJI DY Chandrachud, Justice AS Bopanna, Justice MM Sundresh, Justice PS Narasimha, Justice JB Pardiwala, Justice Sanjay Kumar and Justice Manoj Mishra.

Important Facts For Exam

• Articles 105 and 194 deal with the powers and privileges of MPs and MLAs in Parliament and Legislative Assemblies.

The Supreme Court of India

• The Supreme Court of India is the highest court of the country. 
• At present there are 33 judges in this apex court. 
• Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers and procedures of the Supreme Court.