The Supreme Court issued a split verdict on the constitutionality of Section 17A of the Prevention of Corruption Act. This section requires prior authorization from the competent authority before probing a public servant for decisions made in official capacity.
Justices B.V. Nagarathna and K.V. Viswanathan of the division bench delivered separate judgments on the challenge to Section 17A, which was added in 2018. Justice Viswanathan upheld the section, emphasizing its role in safeguarding honest public servants from baseless complaints that could hinder governance.
However, he suggested that the power to grant investigation approval should ideally rest with an independent body like Lokpal or Lokayukta, rather than the government. Justice Nagarathna, on the other hand, deemed Section 17A unconstitutional, citing a violation of Article 14 of the Constitution due to its selective protection of certain public servants.
She argued that the provision’s classification based on job duties is discriminatory and illegal. With conflicting opinions, the matter has been referred to the Chief Justice of India for further resolution.
