The Supreme Court on Tuesday delivered a split verdict on the validity of Section 17A of the Prevention of Corruption Act, which mandates prior sanction before any inquiry or investigation against public servants for decisions taken in official duty. Justice BV Nagarathna held the provision unconstitutional, observing that it protects corrupt officials, violates Article 14, and resurrects safeguards earlier struck down by the court. She said the law creates an unjustified classification favouring higher-level officers and forecloses inquiry.
Justice KV Vishwanathan, however, upheld Section 17A as constitutionally valid, warning that striking it down would do more harm than good. He read down the provision, directing that sanction decisions be taken by independent bodies such as the Lokpal or Lokayukta. The matter will now be referred to a larger bench by the Chief Justice of India.
