Jump to ContentJump to Main Navigation
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 18 July 2019

Bribing Legislators During the Raj 1

Bribing Legislators During the Raj 1

(p.213) 34 Bribing Legislators During the Raj1

A.G. Noorani

Oxford University Press

This chapter discusses the legal aspects concerning the bribery of Members of the Legislative Assembly (MLA) and Members of Parliament (MP) in India. Under the Prevention of Corruption Act 1988, it is not an offence to bribe an MLA or MP. This was not so even under Prevention of Corruption Act 1947. These acts were enacted to penalize the offer to and receipt or demand of a bribe by a minister, a civil servant, or a voter as these were considered public servants. However, a Constitution bench of five judges to the Supreme Court ruled in 1984 that MLA is not a public servant and not covered by anti-corruption law. In addition, the Salmon Commission held that an MLA does not perform a public duty and that membership of parliament does not constitute public office for the purposes of the common law.

Keywords:   bribery, MLA, Members of Parliament, India, Prevention of Corruption Act 1988, Prevention of Corruption Act 1947, public servant, public office, common law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .