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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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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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