New Delhi: The Supreme Court on Tuesday delivered a divided verdict on the constitutional validity of Section 17A of the Prevention of Corruption (PC) Act, 1988, a 2018 amendment that mandates prior government approval before initiating an investigation against public officials in corruption cases.
Justice BV Nagarathna ruled that Section 17A is unconstitutional, arguing that the requirement of prior sanction undermines anti-corruption efforts, forecloses timely inquiries, and could shield corrupt officials from scrutiny. “The provision is contrary to the spirit of the Prevention of Corruption Act and hampers accountability,” she observed.
In contrast, Justice KV Viswanathan upheld the provision, emphasizing that it protects honest public servants from frivolous or vexatious investigations. He cautioned that striking down the section could create more problems than it resolves, likening it to “throwing the baby out with the bath water.”
Due to the split verdict, the case will now be referred to Chief Justice of India Surya Kant for constitution of a larger Bench to re-examine the issue and deliver a final ruling.
Section 17A, introduced in July 2018, requires prior sanction from the competent authority before any enquiry or investigation can be conducted against a public servant for recommendations or actions taken in the discharge of official duties. The amendment has been controversial, with critics arguing it creates undue protection for officials, while proponents maintain it is necessary to safeguard honest officers from harassment.
The Supreme Court’s latest hearing arose from a public interest litigation filed by the NGO Centre for Public Interest Litigation (CPIL), challenging the legality of the 2018 amendment. The final decision from the larger Bench will determine the extent to which government officials are shielded from corruption investigations under the law.
This judgement has significant implications for accountability in public service, balancing the protection of honest officers against the need for robust mechanisms to investigate corruption.
