Reading into ‘rare’ 7-bench SC ruling on bribes-for-votes & overturning ‘flawed’ 1998 verdict
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- Опубликовано: 3 мар 2024
- #cuttheclutter #supremecourtofindia #narasimharao
A seven-judge Supreme Court bench led by CJI D.Y. Chandrachud ruled Monday that an elected lawmaker can face criminal prosecution for corruption if they accept a bribe to influence their actions within Parliament or a state assembly. In Episode 1409 of Cut The Clutter, Editor-in-Chief Shekhar Gupta opines how this judgment reverses the ‘flawed’ ruling in 1998 PV Narasimha Rao case, which provided immunity to parliamentarians and legislators from prosecution for alleged corruption.
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Great judgement. Also there should be a separate system for handling allegations against judges. Right now it is like blanket immunity for a judge to do whatever they want.
This is the reason, why Judiciary must be absolutely free from executive interference. Though, it comes at certain cost but it's worth it.
Why did judiciary of 90s allowed it ? Was it not free in last 25 years.
This is a perfect example of the courts not being clear about the first principals of the application of law.
Why did the supreme court judges refuse to bring their assets under the RTI? Why are they given a voluntary option to disclose it?
It would violate right to Privacy. The bar to violate that is pretty high.
Please explain@@libshastra
@@libshastra they can easily be purchased and why are they given position and posts and they enter in politics after retirement? Don't you think that there is something fishy going on there :to give verdict in the government favour
@@libshastra If they want so much privacy, why don't they take private sector jobs
@@NeelanjanBandyopadhyay kindly go through R K sabharwal judgment. It is an interesting read and explains a lot
This is one of those rare reversals that’s actually quite beneficial for the country as a whole. Good judgement and the arguments were pretty well made.
Politically, don’t be surprised by increased ED and IT raids.
Yea Ig opposition going to jail now 😅😂
Ajit pawar is not surprised
Stricter anti bribery anti- corruption laws should be brought in by SC and parliament members, as beneficiaries, should be prevented ftom bringing a law in by their favour. No law that has a hidden benefit to MPs and MLAs , including their salaries, benefits can be allowed to be passed by them.
Wonder who the illustrious 3 judicial luminaries were who actually gave favorable arguments in 1998..
Dhanyavad 🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏
I never knew that the elected reps were immune from thuggery. Hopefully now some morality comes into politics.
Thanks Shekhar Ji for clearly explaining this very important SC verdict.
Why the F SC in 1998 ruled that sheet kind of the order for this long years 25yrs 😮
Exactly!
because unlike the current dictatorship, earlier democracy PM's made sure court gave verdict in their favor
they were bribed 😂
@@ramnathpaip also because these B@stard penguins can easily shrug off outcomes of their decisions.
What about 8.4% Quarterly GDP Growth, 3 Large Semiconductor Plants in Gujarat and Assam, 2024 General Elections
Another great judgement by SC!
Of all the pillars of democracy, SC is letting down the country the most. If the justice delivery system is timely & efficient, most issues facing the country could be set right.
Every question an MP raises is based on someone bringing it to his attention. and he may have taken a cup of tea as bribe from this person so how is it a Crime?
The question arises why the obvious flawed judgement was allowed to continue for such a long span, wherein the legislators enjoyed an immunity from unethical, corrupt, unfair practices, inasmuch to take the bribe for voting, which symbolises the freedom to commit a crime without any accountability before the people of lndia who are supposed to be the fountain of power in a democratic set-up.
SG could have explained the genesis of this correction case after 20 plus years of immunity ; ( My expectation only ) Justice delayed but better than never ; Law is a Dark Room ; Lawyers arguments are Torches ; In this case , Torches went offline ; Again light thrown at the right place now ; Hats off to the SC ;
😢😢nowadays atrocious of lawyers and judges increased enormously blackmailing for money we need unbiased judicial systems unbiased police systems 🎉😢
No doubt a great decision. Hope @BJP or for that any other party in future does not misuse this to trouble opposition MPs and MLAs.
I hope their Lordships continue on this streak and refuse to grant time extension to SBI.
While it is good that the "error" committed by the SC judges in 1998 has been corrected and that pending cases will be reviewed, the question still remains when will the people of this land see justice being done and these hooligans and venals end up in jail. In my view not at all as their advocates will come will come up with some loop hole in the law and the courts will accept it.
This proves that no one, regardless of who he or she is, should be allowed to make judgements, such decisions should require a unanimous decision of the entire bench, the fact that two judges had a different opinion on such an important matter was sufficient for cases to be decided on the merit of the case, absolute nonsensical decision has been reversed, despite his own political losses the PM has chosen to acknolwedge it, have to appreciate that.
What about Nepotism?
Hi SG, just a minor correction - the last 7 judges bench was the issue of unstamped arbitration agreements, not too long ago. Rarer still is a 9 judges bench, which is currently hearing a mineral tax dispute. Justice Karnan's case was decided by a bench of 5 judges.
Few minor corrections Shekhar ji
1. Legislatures don't have blanket immunity. That's why you see a sitting CM getting arrested. Legislatures have immunity only for actions related to their legislative duties.
2. The previous constitutional bench judgment has nothing to do with morality. The logic was, if you are taking a bribe to vote for a particular candidate, and you vote for the candidate, then your action to take a bribe is related to your legislative duty to vote, so you have the protection of Article 194.
3. When you take the bribe and you are voting for a different candidate, you can't claim that you took the bribe to vote; that is, your action of taking a bribe is not related to your legislative duty to vote. In that case, you lose the protection of Article 194.
im not understanding, how the hell can a criminal law apply retrospectively?
Good that fundamental issues of our democracy are in conversation...I was surprised to know that our legislators asking immunity against bribery 😂😂😂
Sg, you should also discuss the law to prosecute judiciary and police without immunity, more than the politicians it’s the judiciary ie judges and lawyers and police who have to uphold the rule of law but get away with blatant rulings and corruption in judiciary and police, why don’t the 7 judges bench take up su moto
Gr6 decision .
FINALLY!!
Dear Mr. Shekhar,
In a world where our attention span for videos is shrinking faster than our microchips, your unscripted, and of course 'un-hyphenated' CTC episodes are like a breath of fresh mint. Don't get me wrong, I too have wished for shorter CTC episodes quite often.
Having watched the episode, somehow, it didn't feel right. Maybe it's not right for CTC, where we have come to expect super-rich journalism presented in a friendly casual narration, dotted by limited & reasonable extrapolations or opinions. (not to forget the muhabras and their translations!) Maybe the shorter videos are more appropriate for scripted narrations similar to the national interest where each line is carefully curated. I could see areas you could have easily gotten into: the respective political stories, previous verdicts that were overturned, etc, which we love and expect from CTC.
To sum it up, old political stories, former interview excerpts, even the stories about personal interactions, etc make CTC what it is and we would hate to lose that for the sake of shorter videos.
As you can say these ramblings are purely anecdotal but I hope it resonates with a few.
Cheers!
The earlier ruling was to protect someone. Crime is a crime wherever done.
Good explanation of the judgement in layman language.
This video doesn't explain clearly -
A. 105 & 194 says that - "Members shall not be answerable before any court for anything said or any vote given in this house". SC interpreted this (very legalistically rather than purposively) - They said - If JMM party members did GIVE the vote, they are immune, but since Ajit Singh ABSTAINED, he falls outside the protection.
Important to note, under PV Narsimha Rao case court had also held that MPs and MLAs also fall within definition of "public servant" in Prevention of Corruption Act, 1988.
It was nothing about "honourable or honour among thiefs" logic. It was an over legalistic judgement where letter of the law was given priority over its spirit.
But the doctrine of "separation of powers" will allow GODships suspected of accepting bribes to continue operating freely, nevertheless.
Shekarji, Social Progress Initiative just released their Social Progress index report for 2024. The Print missed out on its release in India, 2 years ago. There’s a lot of interesting data in there, that needs to be understood in right context. (Eg: They measure access to judiciary a and speedy justice as an issue of rights which is a better metric v. Minorities).
The Print should invite Michael Green and have a cut the clutter on the index.
Thank you, my friend, for this wonderful suggestion. It is a pleasure to have such viewers and subscribers...best wishes, Shekhar
So sad Shekhar Gupta does not talk of bribes given by BJP to buy MLAs and topple state governments. Cost of MLA =25 crore plus today.36 votes Chandigarh Mayor election and Anil Masih.
Stopping Abhishek Manu Singhvi bid to Rajya Sabha from HP.
Operation KAMAL or operation LOTUS in HP, Goa ,Karnataka, MP, Arunachal, Manipur😁😁😁
A Verdict which may be hailed along with Kesavantha Bharathi, s But we are afraid that it may lead to stifling the voice of people's representatives in Parliament & Assembles. The previous Judgement recognized this & leaft the matter be decided by privilege & other committees available. Ref. Mehuva Mehta, s case. When we overturn a previous constitutional verdict we exercise caution. Nobody supports corruption. We feel that the Verdict may have a deathknell to freedom of speech enshrined in the Constitution to representativesof democracy!!!
Bharat 🇮🇳 politics is always exciting and SG is always the BEST with his latest comments.
Especially, 0:10 for we Bhartiya 🇮🇳 nagrik ( citizens ) outside of Bharat .
Yes! The rest of the world can learn a lot from Bharat as well especially with regard to how to scale a democracy.
Rajat, just think, one man leading the show and appreciating digging out such important mistakes from books forgotten by many people which is 'interesting' in your own words and important for the foundation of our country, have not been attemted by the same court over 2 decades.... hope you agree that the previous regimes were actually taking shelter of the ruling and made it their faux pass for all horse trading. Now turn your eyes and ask yourself that same question, what honesty it takes for an incumbent government to appreciate such an exceptional overruling by the highest court of law in the country. This reflects also the free and fairness of our democracy.
I was on of those teenagers who got disllusioned with this earlier (1998) judgement. It’s a sort of reparation now.
Good for the Country in the long term 👍🏽
You forgot to mention that the current Government supported this judgement… just saying
NN Global 2023 was also a seven judge bench judgement.
CJI in his tenure has constituted 4 seven judge benches.
It's a partial judgment and leaves few questions. In 1998, why honorable judges who had read the same laws, allowed bribes as legal for MPs/MLAs. Did they also got chuck of the pie. What is the guarantee that in future 9 bench (D)honorable SC judges will again think that bribes by MPs/MLAs is legal. In short, does Judges think, to hell with constitution, 'whatever I say is law'. Is it the reason why Mamta thinks - to hell with HC-I will protect rapist. Is this democratic values some intellectuals propogate.
Section 8 of RPA 1951 needs revision
Short and sweet - heavy on content. What’s not to like 😀
Hopefully These Will Stop Modi Style MLA Trading
God help India. Corruption at all levels in the past, including the SC. The ones in power were untouchable. At least under Modiji, things are changing but a long way to go.
You missed the interesting point that JMM MRS were naive enough to deposit bribe amount in Bank. 😅
Jayanti chaudhry in unfairly linked with deeds of Ajeet Chaudhry
moye moye for moitra 😆
Where is the CTC of 8.4% growth? or India being North Korea? or Rahul Gandhi's "tum kaun jaat ho?" politics. Another example of "institutional capture" for a Dhruv Rathee video. It appears the judiciary was not flawed in 1998 or before 2014. But Only Dictator Modi made India a North Korea.
It’s seems maybe institution was hand in glouse with then government. Otherwise why this punishment for not fulfilling the deed.
Not clear, Sekhar. Honor among thieves still exist?
Some pseudo intellectuals are getting pain with SC verdict on horse trading.
Does not this judgement puts Mohua Moitra in serious trouble ?
Unfortunately not, because registration of cases against her came before this judgement, and will continue to follow rules prevalent then. Will only work for fresh cases
Pls make a video on Sandeshkhali. Also throw light on women position in that area
What about procecuting the three judges
They must be charged if alive and pension etc withdran
गए थे नमाज़ बक्शवाने, रोजे गले पड़ गए ......😂😂
“We live in a age of ‘political shamelessness’. If shameless self-promotion is the way into politics, then shameless exculpation is the way out.”
0😊😊0000000😊p0😊😊00000000😊
Llĺlll
Now Supreme Court is Godi Court as Mahua Moitra, CPM members immunity is gone 😂
Otherwise, the Supreme Court is Supreme Court 😊
No difference between suprecourts of Bharat and USA. Someone over there wants immunity for all crimes committed😊
I feel the prosecution for cases where you take money but do not vote is justified. The immunity was for actions within parliament. If someone had taken bribe and doesn't vote, his immunity is not there. Then it becomes a simple case of bribery. Your effort to make a joke out of it may be flawed. Give it a thought
Guptaji forgot to mentioned that PM welcomed this judgement wholeheartedly.
JMM n sorens are fond of taking bribes n getting caught. For others know how to bribe n get bribed without getting caught. That is bharat, union of indian states!😅
In the interest of protecting Democracy in India 🇮🇳, the supreme Court must immdtly decide and declare that :
1) 100% bar on politicians talking about religion
2) State must be separated from Religion, Govt is just for Governance...
3) ban EVMs
4) A PM is not meant for Road shows, election's campaign, meetings 24x7, PM must be barred 100% from political campaigns..
5) Corporates with political affiliation should not be allowed to run TV news channels..
6) Media must be barred from supporting govt in power, No hatred debates, they must be neutral...
7) self regulation of judiciary, no judge or kith and kin be allowed to join Govt post retirement, there should be 100% bar to avoid Quid Pro Quo... ...... 😎
You’re delusional and a dreamer!!
Seems like Utopia
Looks like you want to abolish democracy.
Why ban EVMs?
1. In India there is a positive relationship with religion, i.e the state has to treat everybody equally
2. What's wrong with evm's
3 you cannot stop a person from getting a job because his parents have achieved something, that's discrimination
All MPs and MLAs should have 100% lifetime immunity from ALL legal cases all the time, for them to be able to function without any fear and intimidation from the government. Leaders are forced to take bribes because our system doesn't pay them well. Their salaries should be increased ASAP.
Now this law having hidden sword will go Moiva, 6 MLAs HP, 3 SP, 2 BJP?? Now horse market not trading on individuals but bulk as a part of a political party ex SS &.NCP in Maharastra!!! This judgement is silent about purchase in bulk..
Why don’t you also mention, BJP will be the most affected by this ruling ? 😜
This is the sorry state of judiciary in modi dictatorship....
Its good if court reforms executive and legislaturw but must reform itself as well for the best of the citozens.
So you think it’s right just and honest to offer bribes? Only crooks offer or accept bribes!!
@@ddb0831 so you think you understand sarcasm. Only devious people understand sarcasm.
It is all good that judiciary is reforming everyone else but when will judiciary reform itself. How will jidicial backlog end and what is the mechanism to check and balance the judiciary?
@@surajs5913 Do you enjoy posting meaningless nonsense??? Dictatorship, sarcasm, etc. Where is your head, in your @se?
Chintu electoral bonds sbi extension pe bhi banade kuch
What about 8.4% Quarterly GDP Growth, 3 Large Semiconductor Plants in Gujarat and Assam, 2024 General Elections
Looks like he makes videos only when the growth is low!!
So, it can "overturn its own ruling" yet again in Nov 2024 when a new CJI takes charge. Electoral bonds will come back in Nov 2024 if the Gujju gang is not ousted.
What about 8.4% Quarterly GDP Growth, 3 Large Semiconductor Plants in Gujarat and Assam, 2024 General Elections
What about 8.4% Quarterly GDP Growth, 3 Large Semiconductor Plants in Gujarat and Assam, 2024 General Elections
Bro this is a large historic judgement. He will talk about that in another episode.