Will deal with lawmakers’ immunity if criminality attached: SC

The bench commenced hearing to reconsider SC’s 1998 verdict granting MPs and MLAs immunity from prosecution for taking bribes

A seven-judge bench of the Supreme Court on Wednesday said it will deal with the issue of whether immunity granted to lawmakers is available if there was criminality attached to their acts.

The bench headed by Chief Justice D Y Chandrachud commenced hearing to reconsider the apex court's 1998 verdict granting MPs and MLAs immunity from prosecution for taking bribes to make a speech or vote in Parliament and state legislatures.

"We have to deal with the immunity as well and decide a narrow issue - can the immunity to lawmakers be attached when there is element of criminality," a constitution bench headed by Chief Justice D Y Chandrachud said.

Solicitor General Tushar Mehta said whether the lawmaker performs the criminal act is irrelevant for the question of criminality and it is a question under the Prevention of Corruption Act, rather under Article 105 which deals with the immunity available to the lawmakers.

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