India Supreme Court Splits on Section 17A Validity

The Supreme Court of India delivered a split verdict on Tuesday in New Delhi on the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988, a provision introduced in 2018 that requires prior government approval before police can initiate an inquiry or investigation into a public servant for offenses related to official decisions or recommendations. Justice B.V. Nagarathna ruled the section unconstitutional and ordered it struck down, while Justice K.V. Viswanathan upheld it as valid but modified it to incorporate independent oversight by the Lokpal or state Lokayuktas. Due to the differing opinions, the bench referred the case to Chief Justice Surya Kant for constitution of a larger bench to resolve the matter.

The ruling stemmed from a public interest litigation filed by the nongovernmental organization Centre for Public Interest Litigation, which contended that the provision acts as a shield for corrupt officials by allowing the government to block investigations, thereby undermining the anti-corruption law's objectives. Advocate Prashant Bhushan, representing the petitioner, argued that the requirement for prior sanction creates a conflict of...