- Title Pages
- Preface to the Omnibus
- 1 Sanctity of the Constitution<sup>*</sup>
- 2 Parliament's Resolutions on Foreign Policy<sup>*</sup>
- 3 The Lobbyists<sup>*</sup>
- 4 Ethics of Ministers and MPs*
- 5 Constitution Protects Journalists' Sources<sup>*</sup>
- 6 Courts' Powers of Contempt*
- 7 The Truth as Defence to Contempt*
- 8 Selecting the Party's Candidate for Election*
- 9 The Right to Strike*
- Constitutional Questions in India: The President, Parliament and the States
- Introduction
- 16 Dissolution of the Lok Sabha<sup>1</sup>
- 17 Dissolution on Prime Minister's or Cabinet's Advice?<sup>1</sup>
- 18 An Irregular Dissolution<sup>1</sup>
- 19 The Prime Minister in the Rajya Sabha<sup>1</sup>
- 20 Rajya Sabha: Clog or Rubber Stamp?<sup>1</sup>
- 21 ‘Strangers’ in the Rajya Sabha<sup>1</sup>
- 22 Parliament in Peril<sup>1</sup>
- 23 Inquiries by Parliamentary Committees<sup>1</sup>
- 24 The Speaker<sup>1</sup>
- 25 Parliamentary Privileges<sup>1</sup>
- 26 Press Leaks and Parliamentary Privilege<sup>1</sup>
- 27 Defections (1967–1997)<sup>1</sup>
- 28 Expulsions and the Law on Defections<sup>1</sup>
- 29 The Speaker on the Law of Defection<sup>1</sup>
- 30 Resignation of Disqualified Ministers<sup>1</sup>
- 31 The <i>Sub Judice</i> Rule: Throttling Parliament<sup>1</sup>
- 32 President, Prime Minister and Parliament<sup>1</sup>
- 33 Discussing the Conduct of the President or Governor<sup>1</sup>
- 34 Bribing Legislators During the Raj<sup>1</sup>
- 35 Bribery and Mps<sup>1</sup>
- 36 Bribes in Parliament: A Shocking Ruling by the Supreme Court<sup>1</sup>
- Citizens' Rights, Judges and State Accountability
- Introduction
Bribery and Mps 1
Bribery and Mps 1
- Chapter:
- (p.216) 35 Bribery and Mps1
- Source:
- CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
- Author(s):
A.G. Noorani
- Publisher:
- Oxford University Press
This chapter examines the legal issues relevant to the bribery of Members of Parliament (MP) in India. Under Article 105(2) of the Indian Constitution, no MP shall be liable to legal proceedings 'in respect of anything said or any vote given by him in parliament' because this is part of parliamentary privilege. The Prevention of Corruption Act 1988 also departed from the Act of 1947 by defining public servant as any person who holds an office by virtue of which he is authorized or required to perform any public duty. This definition excludes MPs from being held liable for offering or accepting bribery. The chapter also reviews related laws in the U.S., Great Britain, and Australia.
Keywords: bribery, Members of Parliament, Indian Constitution, parliamentary privilege, Prevention of Corruption Act 1988, public servant, public duty
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- Title Pages
- Preface to the Omnibus
- 1 Sanctity of the Constitution<sup>*</sup>
- 2 Parliament's Resolutions on Foreign Policy<sup>*</sup>
- 3 The Lobbyists<sup>*</sup>
- 4 Ethics of Ministers and MPs*
- 5 Constitution Protects Journalists' Sources<sup>*</sup>
- 6 Courts' Powers of Contempt*
- 7 The Truth as Defence to Contempt*
- 8 Selecting the Party's Candidate for Election*
- 9 The Right to Strike*
- Constitutional Questions in India: The President, Parliament and the States
- Introduction
- 16 Dissolution of the Lok Sabha<sup>1</sup>
- 17 Dissolution on Prime Minister's or Cabinet's Advice?<sup>1</sup>
- 18 An Irregular Dissolution<sup>1</sup>
- 19 The Prime Minister in the Rajya Sabha<sup>1</sup>
- 20 Rajya Sabha: Clog or Rubber Stamp?<sup>1</sup>
- 21 ‘Strangers’ in the Rajya Sabha<sup>1</sup>
- 22 Parliament in Peril<sup>1</sup>
- 23 Inquiries by Parliamentary Committees<sup>1</sup>
- 24 The Speaker<sup>1</sup>
- 25 Parliamentary Privileges<sup>1</sup>
- 26 Press Leaks and Parliamentary Privilege<sup>1</sup>
- 27 Defections (1967–1997)<sup>1</sup>
- 28 Expulsions and the Law on Defections<sup>1</sup>
- 29 The Speaker on the Law of Defection<sup>1</sup>
- 30 Resignation of Disqualified Ministers<sup>1</sup>
- 31 The <i>Sub Judice</i> Rule: Throttling Parliament<sup>1</sup>
- 32 President, Prime Minister and Parliament<sup>1</sup>
- 33 Discussing the Conduct of the President or Governor<sup>1</sup>
- 34 Bribing Legislators During the Raj<sup>1</sup>
- 35 Bribery and Mps<sup>1</sup>
- 36 Bribes in Parliament: A Shocking Ruling by the Supreme Court<sup>1</sup>
- Citizens' Rights, Judges and State Accountability
- Introduction
