Bribery Autonomy and Constitutionalism, 22 March 2024
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 22 March 2024
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
The article examines a landmark Supreme Court judgment overruling P.V. Narasimha Rao and holding that legislators do not enjoy immunity from criminal prosecution for bribery linked to their speech or vote. Situating the ruling within constitutional theory, the Court balances legislative autonomy against the imperative to prevent corruption, while carefully justifying departure from precedent through principles of stare decisis and legal evolution. It clarifies that parliamentary privilege exists to protect collective legislative functioning, not individual criminality. By subjecting lawmakers to ordinary criminal law, the judgment strengthens constitutionalism, horizontal equality, and public trust, reaffirming that legislative privilege cannot become a shield for corruption In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository