The Supreme Court on Tuesday (August 5, 2025) said a provision in an anti-corruption law which mandates prior sanction before prosecuting public servants serves to protect honest bureaucrats from becoming victims of political vendetta after a regime change.
Section 17A of the Prevention of Corruption Act, 1988, introduced in July 2018, bars any “enquiry or inquiry or investigation” against a public servant for recommendations made in discharge of official duties without prior approval from the competent authority.
“Honest officers who do not toe the line after a change in government will be protected,” Justice K.V. Viswanathan, part of a Bench headed by Justice B.V. Nagarathna, observed.
The court was hearing a petition filed by the non-profit organisation Centre for Public Interest Litigation, represented by advocate Prashant Bhushan, challenging Section 17A. Mr. Bhushan argued the provisions crippled the anti-corruption law as sanctions were not usually forthcoming from the government, who was the ‘competent authority’. The senior lawyer said the section made the government a judge in its own cause, and must be struck down.
Mr. Bhushan submitted that only about 40% of the cases, that is involving the Central Bureau of Investigation (CBI), got prior approval under Section 17A for investigation. “States are not granting sanction,” he submitted. He suggested giving the power of prior approval to an independent body.
