How much for a question?
It was only yesterday that DDT reported the Transparency International’s Corruption Barometer declaring India as the country where politicians are perceived to be the most corrupt, but who could believe that our honourable Members of Parliament would actually take money for asking a question in Parliament and may be that is not an offence punishable as they enjoy immunity.
1. Are members of Parliament public servants within the meaning under Prevention of Corruption Act?
2. If so who will sanction their prosecution?
3. Can they be punished for an offence in relation to their parliamentary activity?
The Supreme Court had considered these questions in P. V. Narasimha Rao, Appellant V. State (CBI/SPE), Respondent- 1998-(004)-SCC -0626 –Supreme Court and held that
1. A Member of Parliament is a public servant within the meaning of S. 2(c)(viii)of the Prevention of Corruption Act, 1988
2. We have, reached the conclusion that Members of Parliament and the State Legislatures are public servants liable to be prosecuted for offences under the said Act but that they cannot be prosecuted for offences because of want of an authority competent to grant sanction thereto. We entertain the hope that Parliament will address itself to the task of removing this lacuna with due expedition
3. An MP who has received bribe for voting in the Parliament in a particular manner and who has cast his vote, is entitled to immunity under Art. 105(2) but the MP who has not cast his vote and the bribe givers are not entitled to the immunity.
So may be if the MP takes money and asks the question, he cannot be punished but if he does not ask that question, he can be punished! One sure service for cash rendered.