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- Title Pages
- Preface to the Omnibus
- 1 Sanctity of the Constitution*
- 2 Parliament's Resolutions on Foreign Policy*
- 3 The Lobbyists*
- 4 Ethics of Ministers and MPs*
- 5 Constitution Protects Journalists' Sources*
- 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
- 1 The Options When a Government Loses its Majority1
- 2 When Can a Budget be Deferred and When Should Parliament be Dissolved?1
- 3 Dissolution of the Lok Sabha and Adoption of the Budget1
- 4 A President's Moves for Constitutional Amendment1
- 5 The President and the Governors1
- 6 British Conventions and the Indian Constitution1
- 7 Codifying the Conventions1
- 8 The President and Ordinances1
- 9 The President's Powers and the Hawala Case1
- 10 Options in a Hung Lok Sabha
- 11 Appointment of a Prime Minister: President Shankar Dayal Sharma's Lapse1
- 12 When A Prime Minister Resigns: Deve Gowda's Resignation1
- 13 President S.D. Sharma's Conclave1
- 14 Appointing a Prime Minister1
- 15 Selecting a Prime Minister: 1969–1999
- 16 Dissolution of the Lok Sabha1
- 17 Dissolution on Prime Minister's or Cabinet's Advice?1
- 18 An Irregular Dissolution1
- 19 The Prime Minister in the Rajya Sabha1
- 20 Rajya Sabha: Clog or Rubber Stamp?1
- 21 ‘Strangers’ in the Rajya Sabha1
- 22 Parliament in Peril1
- 23 Inquiries by Parliamentary Committees1
- 24 The Speaker1
- 25 Parliamentary Privileges1
- 26 Press Leaks and Parliamentary Privilege1
- 27 Defections (1967–1997)1
- 28 Expulsions and the Law on Defections1
- 29 The Speaker on the Law of Defection1
- 30 Resignation of Disqualified Ministers1
- 31 The Sub Judice Rule: Throttling Parliament1
- 32 President, Prime Minister and Parliament1
- 33 Discussing the Conduct of the President or Governor1
- 34 Bribing Legislators During the Raj1
- 35 Bribery and Mps1
- 36 Bribes in Parliament: A Shocking Ruling by the Supreme Court1
- 37 The Governor1
- 38 Dismissing Governors1
- 39 Appointment of a Chief Minister1
- 40 Chief Ministers: An Endangered Species?1
- 41 The States and Lok Sabha Polls1
- 42 President's Rule1
- 43 The President and the Bommai Case1
- 44 The Centre and Law and Order in the States: Article 3551
- 45 Parliament and Law and Order in the States1
- 46 The Centre's Fact-finding Teams in the States1
- 47 The Army and Law and Order1
- 48 The Governor's Message to the Assembly and the Speaker1
- 49 Renewing President's Rule1
- 50 The High Court's Judgment on Renewal of President's Rule1
- 51 Defections, Speaker and the Governor1
- 52 Dismissing a Chief Minister: The UP Case1
- 53 Dismissing a Chief Minister: The Gujarat Case1
- 54 The States and Foreign Relations1
- 55 States and Education1
- Citizens' Rights, Judges and State Accountability
- Introduction
- 1 Tackling Judicial Delinquency1
- 2 The Judiciary in Decline: The System's Prestige at its Lowest Since Inception1
- 3 Farce or Obsolescence of Impeachment Process1
- 4 Imputing Bias and the Law of Contempt1
- 5 Courts and the Media1
- 6 Courts and Bar Associations1
- 7 The Bar and the Bench1
- 8 The Supreme Court and Demolition of the Babri Masjid1
- 9 The Supreme Court's Judgment on The Ayodhya Act, 19931
- 10 The Supreme Court on Hindutva1
- 11 The Judges' Case1
- 12 The Code of Conduct for Judges1
- 13 Justice Shivappa's Case1
- 14 When a Minister Ought to Resign1
- 15 The Law of Sanction for Prosecution1
- 16 Integrity of Prosecutions1
- 17 The Supreme Court on the CBI1
- 18 Satish Sharma's Case1
- 19 The Kargil Inquiry1
- 20 The Kargil Report1
- 21 Appointing the Chief Election Commissioner1
- 22 Debarring Criminals1
- 23 Debarring Purveyors of Religious Hate1
- 24 Election Commission and Poll Surveys1
- 25 Delimitation of Constituencies1
- 26 Dissolving A Commission of Inquiry1
- 27 Publishing Inquiry Reports1
- 28 Jain Commission's Final Report1
- 29 The Tehelka Commission and Press Freedom1
- 30 The Commission as Vendetta1
- 31 Civil Servants and Ministers1
- 32 The Vasudevan Case1
- 33 Transfer of Civil Servants1
- 34 The Civil Servants’ Truth1
- 35 Papers of Previous Regimes1
- 36 Pamphleteering and Politics1
- 37 Split Politics in South Asia1
- 38 Election of Party Leaders: Two Political Cultures1
- 39 The Congress(I)'s Constitution
- 40 The Party Organization and Its Parliamentary Party1
- 41 Expelling a Party Member1
- 42 Law for Parties: The German Model1
- 43 Copyright in Nehru's State Papers1
- 44 Freedom of Expression in Maps1
- 45 Libel as Crime: A Void Law1
- 46 Media Ethics and The Tehelka Operation1
- 47 Film Censorship: An Unconstitutional System1
- 48 The Foreigner in the Media
- 49 Article 370: Law and Politics1
- 50 The Doctrine of Civilian Control1
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
DOI:10.1093/acprof:oso/9780195678291.003.0045
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*
- 2 Parliament's Resolutions on Foreign Policy*
- 3 The Lobbyists*
- 4 Ethics of Ministers and MPs*
- 5 Constitution Protects Journalists' Sources*
- 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
- 1 The Options When a Government Loses its Majority1
- 2 When Can a Budget be Deferred and When Should Parliament be Dissolved?1
- 3 Dissolution of the Lok Sabha and Adoption of the Budget1
- 4 A President's Moves for Constitutional Amendment1
- 5 The President and the Governors1
- 6 British Conventions and the Indian Constitution1
- 7 Codifying the Conventions1
- 8 The President and Ordinances1
- 9 The President's Powers and the Hawala Case1
- 10 Options in a Hung Lok Sabha
- 11 Appointment of a Prime Minister: President Shankar Dayal Sharma's Lapse1
- 12 When A Prime Minister Resigns: Deve Gowda's Resignation1
- 13 President S.D. Sharma's Conclave1
- 14 Appointing a Prime Minister1
- 15 Selecting a Prime Minister: 1969–1999
- 16 Dissolution of the Lok Sabha1
- 17 Dissolution on Prime Minister's or Cabinet's Advice?1
- 18 An Irregular Dissolution1
- 19 The Prime Minister in the Rajya Sabha1
- 20 Rajya Sabha: Clog or Rubber Stamp?1
- 21 ‘Strangers’ in the Rajya Sabha1
- 22 Parliament in Peril1
- 23 Inquiries by Parliamentary Committees1
- 24 The Speaker1
- 25 Parliamentary Privileges1
- 26 Press Leaks and Parliamentary Privilege1
- 27 Defections (1967–1997)1
- 28 Expulsions and the Law on Defections1
- 29 The Speaker on the Law of Defection1
- 30 Resignation of Disqualified Ministers1
- 31 The Sub Judice Rule: Throttling Parliament1
- 32 President, Prime Minister and Parliament1
- 33 Discussing the Conduct of the President or Governor1
- 34 Bribing Legislators During the Raj1
- 35 Bribery and Mps1
- 36 Bribes in Parliament: A Shocking Ruling by the Supreme Court1
- 37 The Governor1
- 38 Dismissing Governors1
- 39 Appointment of a Chief Minister1
- 40 Chief Ministers: An Endangered Species?1
- 41 The States and Lok Sabha Polls1
- 42 President's Rule1
- 43 The President and the Bommai Case1
- 44 The Centre and Law and Order in the States: Article 3551
- 45 Parliament and Law and Order in the States1
- 46 The Centre's Fact-finding Teams in the States1
- 47 The Army and Law and Order1
- 48 The Governor's Message to the Assembly and the Speaker1
- 49 Renewing President's Rule1
- 50 The High Court's Judgment on Renewal of President's Rule1
- 51 Defections, Speaker and the Governor1
- 52 Dismissing a Chief Minister: The UP Case1
- 53 Dismissing a Chief Minister: The Gujarat Case1
- 54 The States and Foreign Relations1
- 55 States and Education1
- Citizens' Rights, Judges and State Accountability
- Introduction
- 1 Tackling Judicial Delinquency1
- 2 The Judiciary in Decline: The System's Prestige at its Lowest Since Inception1
- 3 Farce or Obsolescence of Impeachment Process1
- 4 Imputing Bias and the Law of Contempt1
- 5 Courts and the Media1
- 6 Courts and Bar Associations1
- 7 The Bar and the Bench1
- 8 The Supreme Court and Demolition of the Babri Masjid1
- 9 The Supreme Court's Judgment on The Ayodhya Act, 19931
- 10 The Supreme Court on Hindutva1
- 11 The Judges' Case1
- 12 The Code of Conduct for Judges1
- 13 Justice Shivappa's Case1
- 14 When a Minister Ought to Resign1
- 15 The Law of Sanction for Prosecution1
- 16 Integrity of Prosecutions1
- 17 The Supreme Court on the CBI1
- 18 Satish Sharma's Case1
- 19 The Kargil Inquiry1
- 20 The Kargil Report1
- 21 Appointing the Chief Election Commissioner1
- 22 Debarring Criminals1
- 23 Debarring Purveyors of Religious Hate1
- 24 Election Commission and Poll Surveys1
- 25 Delimitation of Constituencies1
- 26 Dissolving A Commission of Inquiry1
- 27 Publishing Inquiry Reports1
- 28 Jain Commission's Final Report1
- 29 The Tehelka Commission and Press Freedom1
- 30 The Commission as Vendetta1
- 31 Civil Servants and Ministers1
- 32 The Vasudevan Case1
- 33 Transfer of Civil Servants1
- 34 The Civil Servants’ Truth1
- 35 Papers of Previous Regimes1
- 36 Pamphleteering and Politics1
- 37 Split Politics in South Asia1
- 38 Election of Party Leaders: Two Political Cultures1
- 39 The Congress(I)'s Constitution
- 40 The Party Organization and Its Parliamentary Party1
- 41 Expelling a Party Member1
- 42 Law for Parties: The German Model1
- 43 Copyright in Nehru's State Papers1
- 44 Freedom of Expression in Maps1
- 45 Libel as Crime: A Void Law1
- 46 Media Ethics and The Tehelka Operation1
- 47 Film Censorship: An Unconstitutional System1
- 48 The Foreigner in the Media
- 49 Article 370: Law and Politics1
- 50 The Doctrine of Civilian Control1
