Case Summary: P.V. Narasimha Rao vs State (CBI/SPE)
Case Citation: (1998) 4 SCC 626 | AIR 1998 SC 2120
Court: Supreme Court of India
Bench: S.B. Bharucha, S. Rajendra Babu, S.C. Agrawal, G.N. Ray, A.S. Anand (Constitution Bench)
Date of Judgment: 17 April 1998
Case Nos: Criminal Appeals 1207-1222/1997, 186-187/1998
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Law Points Raised:
1. Whether Members of Parliament are immune from criminal prosecution for acts of bribery in connection with voting in Parliament under Article 105(2) of the Constitution.
2. Whether such prosecution can proceed under the Prevention of Corruption Act, 1988.
3. Whether the acts of MPs in accepting bribes for voting against a no-confidence motion are protected by parliamentary privilege.
Ratio Decidendi:
The Court held that parliamentary privileges under Article 105(2) cover “anything said or any vote given” in Parliament, and grant immunity from court proceedings. However, this protection does not extend to bribes taken for giving such votes. The criminal conspiracy and bribery were distinct acts that occurred outside the legislative function, and therefore could be prosecuted.
Final Ruling:
The Supreme Court upheld the prosecution of the MPs including then Prime Minister P.V. Narasimha Rao. The appeals were dismissed, and the charges framed by the Special Judge were allowed to proceed. The court clarified that MPs are not immune from criminal prosecution under the Prevention of Corruption Act for accepting bribes.
Important Paragraph Numbers:
- Paragraphs discussing Article 105 and privilege: 3 to 4
- Interpretation of “in respect of anything said or any vote given”: 4
- Reasoning for limiting immunity: 4 (especially last two-thirds)
- Decision on criminal prosecution’s validity: Final para of judgment (Conclusion)
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