Constitutional Validity Of Section 17a Of Prevention Of Corruption Act, 1988 Upheld: Supreme Court

The Supreme Court has upheld the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988, which mandates prior government approval before initiating any enquiry, inquiry, or investigation against a public servant for decisions or recommendations made in the discharge of official duties. A Bench led by Justice K.V. Viswanathan held that Section 17A strikes a careful balance between the need to combat corruption and the equally important requirement of protecting honest public servants from frivolous or vexatious investigations that could paralyse decision-making in government. Section 17A was introduced through the Prevention of Corruption (Amendment) Act, 2018, requiring prior approval of the competent authority before police can investigate offences under the Act when such allegations relate to official decisions or recommendations. The provision exempts cases involving on-the-spot arrest for accepting or attempting to accept bribes. The writ petition was filed by the Centre for Public Interest Litigation (CPIL) challenging the provision as arbitrary and violative of Articles 14 and 21 of the Constitution. CPIL argued that the provision effectively resurrected the “single directive” and Section 6A of the Delhi Special Police Establishment Act, both of which had earlier been struck down by the Supreme Court in Vineet Narain (1998) and Subramanian Swamy (2014). According to the petitioner, Section 17A enables the executive to shield influential officials, delays investigations, and undermines independent anti-corruption mechanisms such as the Lokpal. The central question before the Court was whether requiring prior approval before investigating policy-related decisions of public servants violates the principles of equality, rule of law, and independent investigation. The Court undertook an extensive analysis of past precedents, legislative history, and the functioning of government administration. It drew a clear distinction between the struck-down provisions and Section 17A. Unlike the earlier provisions, which applied selectively to senior अधिकारियों and blocked even preliminary enquiries, Section 17A applies uniformly to all public servants, without classification based on rank. Is narrowly tailored to cover only acts “relatable to recommendations made or decisions taken” in official capacity. Does not apply to trap cases or on-the-spot arrests for bribery. Prescribes strict timelines of three months (extendable by one month with reasons) for granting or refusing approval. The Bench emphasised that not every act of a public servant is protected, and only those decisions reasonably connected with official duties fall within the scope of Section 17A. The Court observed that civil servants are integral to policy formulation and implementation, and excessive fear of criminal prosecution can lead to administrative paralysis. The judgment recalled earlier constitutional jurisprudence recognising that bureaucrats act as “limbs of the government” and must be allowed to give honest and fearless advice. The Court accepted the Union government’s contention that a screening mechanism at the pre-investigation stage is legitimate to filter out motivated complaints, provided it does not foreclose genuine cases of corruption. The Court held that mere apprehension of abuse is not a valid ground to strike down a statutory provision. It pointed out that decisions granting or refusing approval under Section 17A are subject to judicial review, offering a safeguard against arbitrariness. The Bench also clarified that where the Lokpal directs investigation or registration of an FIR, Section 17A would not stand in the way due to the overriding effect of the Lokpal and Lokayuktas Act, 2013. The Supreme Court ultimately ruled that Section 17A does not violate Articles 14 or 21 and is a constitutionally permissible measure aimed at balancing accountability with administrative efficiency. The Court refused to read down the provision or mandate independent screening by an external body such as the Lokpal, holding that such policy choices fall within Parliament’s legislative domain. Click here to Read Order Read More: Reserved Category Candidates Selected Without Concessions Can Fill Unreserved Posts: Supreme Court

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