IMMUNITY TO MPs AND MLAs

1. Context:

A seven-judge Constitution Bench of the Supreme Court on Thursday reserved its judgment on whether the immunity available to MPs and MLAs under Articles 105 (2) and 194 (2) of the Constitution from prosecution will also extend to cases of bribery.

2. What Articles 105(2) and 194(2) of the Constitution says?

Article 105(2) and Article 194(2) of the Indian Constitution pertaining to the powers, privileges, and immunities of members of Parliament (MPs) and members of State Legislatures (MLAs) in India, respectively. Here's what these articles say:

Article 105(2):

This article deals with the powers, privileges, and immunities of Members of Parliament (MPs) in India. It states:

"Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament."

This provision ensures that MPs have the freedom to express their opinions, participate in debates, and discuss matters freely within the Parliament without fearing legal action or restraint.

Article 194(2):

This article deals with the powers, privileges, and immunities of Members of the Legislative Assembly (MLAs) in the states of India. It is similar in intent to Article 105(2) but applies to state legislatures. Article 194(2) states:

"Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State."

Like Article 105(2), this provision ensures that MLAs in state legislatures have the freedom to express their views, participate in debates, and discuss matters without fear of legal repercussions within the confines of the legislature.

These articles are essential in upholding the principle of parliamentary democracy in India, where elected representatives have the freedom to express their opinions and represent the interests of their constituents without undue hindrance while functioning within the legislative bodies. However, it's important to note that this freedom of speech is subject to the rules and procedures of the respective legislatures and must be exercised responsibly.

3. What is Bribery and Corruption?

Bribery and corruption are unethical and often illegal practices that involve the abuse of power or influence for personal gain, typically through the exchange of money, goods, services, or favors. These practices undermine the integrity of individuals, organizations, and governments, and they have adverse social, economic, and political consequences. Here's a closer look at bribery and corruption:

Bribery:

• The exchange of something valuable.
• Intent to influence or manipulate.
• Involvement of individuals in positions of authority or trust.

Corruption:

Corruption is a broader term encompassing a range of dishonest or fraudulent activities that involve the abuse of power, trust, or resources for personal, organizational, or political gain. It can manifest in various forms, including bribery.

Bribery is a specific act within the broader category of corruption. Both bribery and corruption are detrimental to society, as they erode trust in institutions, hinder economic development, promote inequality, and often lead to a culture of impunity. Many countries have laws and regulations in place to combat bribery and corruption, and international organizations like the United Nations and the World Bank actively work to address these issues on a global scale through initiatives, conventions, and anti-corruption measures.

4. What are the types of corruption?

Corruption can manifest in various forms, and it often exists along a spectrum, ranging from petty corruption to grand corruption. Here are some common types of corruption:

Petty Corruption:

• Bribery: Individuals may engage in small-scale bribery to expedite routine services or to avoid minor inconveniences. For example, paying a bribe to a traffic police officer to avoid a ticket.
• Extortion: Officials or individuals may use their authority to extract small sums of money or valuables from others through threats or intimidation.

Administrative or Bureaucratic Corruption:

• Embezzlement: Public officials or employees misuse their access to funds or resources for personal gain, diverting money or assets away from their intended purposes.
• Nepotism: Favoring relatives or friends in hiring, promotions, or awarding contracts, often at the expense of more qualified individuals.

Political Corruption:

• Grand Corruption: High-ranking government officials or political leaders abuse their power and influence for significant personal or political gain. This can involve large-scale embezzlement, kickbacks, or the manipulation of government contracts.
• Cronyism: Political leaders may show favoritism towards close associates or allies, leading to preferential treatment in government appointments or the allocation of resources.

Judicial Corruption:

• Judicial Bribery: Judges or court officials may accept bribes to influence the outcome of legal cases, leading to miscarriages of justice.
• Case Fixing: Corrupt practices within the legal system can include manipulating the scheduling or handling of cases to benefit certain parties.

Police Corruption:

• Protection Rackets: Law enforcement officials may provide protection to illegal activities, such as organized crime or drug trafficking, in exchange for monetary compensation.
• Evidence Tampering: Corruption within police departments may involve tampering with evidence or covering up misconduct.

Corporate Corruption:

• Kickbacks: Companies may offer bribes or kickbacks to public officials or business partners to secure contracts or gain favorable treatment.
• Accounting Fraud: Corporations may engage in fraudulent accounting practices to manipulate financial statements, hide losses, or inflate profits.

Media Corruption:

• Censorship: Media outlets may engage in self-censorship or be coerced by political or corporate interests to suppress or distort information.
• Paid News: Some media organizations may accept money or favors in exchange for favorable coverage or biased reporting.

• Money Laundering: Criminal organizations may launder money obtained through illegal activities to make it appear legitimate. This often involves complex financial transactions.
• Corrupt Networks: Corrupt individuals within criminal networks can facilitate illegal activities, such as drug trafficking, through bribes and corruption.

Cyber Corruption:

• Cybercrime: Corruption in the digital realm can involve hacking, identity theft, online fraud, and ransomware attacks, often for financial gain.
• Corruption in Online Transactions: Online platforms and marketplaces may engage in corrupt practices, such as manipulating reviews or defrauding customers.

These are just a few examples of the types of corruption that can occur in various sectors of society. Combating corruption often requires a combination of legal and regulatory measures, transparency initiatives, and a strong commitment to ethical conduct at all levels of government and business.

5. What are the reasons for corruption in India?

Corruption in India is a complex and multifaceted issue with a range of contributing factors. It's important to note that corruption is not unique to India and exists in varying degrees in many countries. In the Indian Context, several reasons contribute to the prevalence of corruption:

• Insufficient transparency in government processes, decision-making, and financial transactions can create opportunities for corruption. When actions and decisions are not open to public scrutiny, it becomes easier for individuals to engage in corrupt practices.
• Excessive bureaucracy, lengthy and cumbersome administrative procedure, and a maze of regulations can provide opportunities for corrupt officials to demand bribes in exchange for expediting services or approvals.
• Inadequate compensation for government officials, especially at lower levels of government, can push them toward corruption as a means to supplement their income. Low wages may lead to a sense of frustration and the temptation to accept bribes.
• Weak enforcement of anti-corruption laws and a slow judicial process can create a culture of impunity. Corrupt individuals may believe they can escape punishment, which emboldens them to engage in corrupt activities.
• The influence of money in politics, including campaign financing and political donations, can lead to favoritism and corruption. Politicians who rely on large sums of money to fund their campaigns may feel beholden to donors, potentially compromising their decision-making.
• Insufficient protection for whistleblowers who report corruption can deter individuals from coming forward with information about corrupt practices, fearing retaliation.
• Cultural norms and practices in some regions of India may tolerate or even encourage gift-giving and patronage networks, which can sometimes blur the line between legitimate social exchange and corruption.
• A complicated taxation system can create opportunities for tax evasion and corruption, as individuals and businesses may seek ways to avoid paying taxes through illegal means.
• A lack of awareness about the detrimental effects of corruption and the importance of ethical behavior can contribute to its persistence. Education and awareness programs are essential to combatting corruption.
• Widespread economic disparities can foster corruption, as individuals and businesses may engage in corrupt practices to gain advantages in an unequal playing field.
• Delays, inefficiency, and low-quality public services can lead to frustration among citizens, making them more willing to pay bribes to expedite processes.
• Corruption can occur at various levels of government and society, from the grassroots level to high-ranking officials. It often involves a network of actors who enable and facilitate corrupt practices.

Efforts to combat corruption in India involve a combination of legal reforms, strengthening of anti-corruption agencies, promoting transparency and accountability, enhancing public awareness, and fostering a culture of ethical behavior. It is a challenging and ongoing process, but addressing corruption is crucial for the country's sustainable development and the well-being of its citizens.

Source: The Indian Express