Split Supreme Court Verdict on Prior Sanction in Anti-Corruption Law
The Supreme Court has delivered a split verdict on the constitutional validity of Section 17A of the Prevention of Corruption Act, which was introduced in 2018 and requires prior government approval before any investigation can start against a public servant for decisions made in official duties. In the case filed by the Centre for Public Interest Litigation (CPIL), one judge, Justice B.V. Nagarathna, said this requirement is unconstitutional because it can block investigations and protect corrupt officials, contrary to the purpose of anti-corruption law. The other judge, Justice K.V. Viswanathan, said the provision could be upheld if the sanction decision is made by an independent body like the Lokpal or Lokayukta instead of the government, to protect honest officers from false or politically motivated cases. Because the two judges disagreed, the matter will now go before a larger bench of the Supreme Court for a final decision.
