The Supreme Court has delivered a split verdict on the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988. The provision introduced in July 2018 mandates prior sanction before initiating any enquiry, inquiry, or investigation against a public servant for actions taken in the discharge of official duties.
Justice B.V. Nagarathna held that Section 17A is unconstitutional and must be struck down. She observed that the requirement of prior approval is contrary to the object of the Prevention of Corruption Act, as it forecloses inquiry at the threshold and ends up shielding the corrupt rather than protecting honest officers. She added that officers with integrity do not require such statutory protection, and the provision undermines the effectiveness of anti-corruption mechanisms.
In contrast, Justice K.V. Viswanathan upheld the provision as constitutionally valid, cautioning that striking it down would be throwing the baby out with the bathwater. He reasoned that the safeguard is essential to protect honest officers from frivolous or motivated investigations and would ultimately strengthen the administrative machinery while ensuring that genuinely corrupt officials are brought to justice. He further noted that such protection helps attract and retain capable talent in public service.
Given the split verdict, the matter will now be placed before Chief Justice Surya Kant, who will constitute a larger Bench to render a final decision on the issue.
