6 months ago
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The Supreme Court connected Tuesday (January 13, 2026) delivered a divided verdict connected the legality of a proviso successful an anti-corruption instrumentality which mandates anterior authorisation earlier prosecuting nationalist servants.
Justice B.V. Nagarathna concluded that Section 17A of the Prevention of Corruption Act 1988 was plainly unconstitutional portion Justice K.V. Viswanathan, the puisne justice connected the Division Bench, opined that authorisation indispensable beryllium decided by an autarkic authorization similar the Lok Pal oregon the Lok Ayukta.
Justice Nagarathna recovered the provision, introduced successful a 2018 amendment to the Act, was an effort to subvert transgression prosecution of corrupt officials alternatively than support the honorable among them. Justice Nagarathna observed that persons with integrity did not necessitate immoderate extortion done the request of anterior authorisation nether Section 17A.
However, Justice Viswanathan said declaring the proviso unconstitutional and striking it down would beryllium akin to throwing the babe retired with the bathwater.
Section 17A of the Prevention of Corruption Act, 1988, introduced successful July 2018, bars immoderate “enquiry oregon enquiry oregon investigation” against a nationalist servant for recommendations made successful discharge of authoritative duties without anterior support from the competent authority.
The judgement was based connected a petition filed by the NGO, Centre for Public Interest Litigation, represented by advocator Prashant Bhushan, challenging Section 17A. Mr. Bhushan had argued the provisions crippled the anti-corruption instrumentality arsenic sanctions were not usually forthcoming from the government, who was the ‘competent authority’. The elder lawyer had said the conception made the authorities a justice successful its ain cause, and indispensable beryllium struck down.
Mr. Bhushan had submitted that lone astir 40% of the cases, involving the Central Bureau of Investigation, got anterior support nether Section 17A for investigation.
“There are officers who springiness their beingness and psyche to the country. How bash we guarantee that they bash not go prey to frivolous prosecution for their authoritative actions oregon recommendations made successful the enactment of duty,” Justice Viswanathan had observed connected the last time of proceeding of the lawsuit successful August past year.
Appearing for the Union government, Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhati had said that without the shield of Section 17A, anybody with a grudge against a nationalist servant could enactment successful an NGO to record cases against the official.
When Justice Viswanathan had said authorisation whitethorn not beryllium forthcoming from the authorities against its “blue-eyed boys and girls” successful the officialdom, Mr. Mehta had responded that it was existent successful each 3 branches of governance.
