Split Verdict on Section 17A of Prevention of Corruption Act
- 15 Jan 2026
On 13th January 2026, the Supreme Court of India delivered a split verdict on the constitutional validity of Section 17A of the Prevention of Corruption Act, which mandates prior sanction before initiating any enquiry or investigation against a public servant for acts done in discharge of official duties.
- About Section 17A: Introduced in July 2018, the provision requires prior approval from the competent authority before starting investigation against public servants for official acts.
Key Points:
- Justice B.V. Nagarathna’s View: Justice B. V. Nagarathna held Section 17A to be unconstitutional, stating it defeats the object of the anti-corruption law by blocking inquiries at the threshold and shielding corrupt officials.
- Impact on Anti-Corruption Efforts: She observed that honest officers do not need statutory protection and that the provision weakens the effectiveness of corruption-control mechanisms.
- Justice K.V. Viswanathan’s View: Justice K.V. Viswanathan upheld the provision as constitutionally valid, cautioning that striking it down would be throwing the baby out with the bathwater.
- Protection Against Frivolous Probes: 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.
- Next Step: Owing to the split verdict, the matter will be placed before Chief Justice of India Surya Kant, who will constitute a larger Bench to decide the issue conclusively.
