The Supreme Court on Tuesday (January 13, 2026) delivered a split verdict on the legality of a provision in an anti-corruption law which mandates prior sanction before prosecuting public servants.
Justice B.V. Nagarathna concluded that Section 17A of the Prevention of Corruption Act 1988 was plainly unconstitutional while Justice K.V. Viswanathan, the puisne judge on the Division Bench, opined that sanction must be decided by an independent authority like the Lok Pal or the Lok Ayukta.
Justice Nagarathna found the provision, introduced in a 2018 amendment to the Act, was an attempt to subvert criminal prosecution of corrupt officials rather than protect the honest among them. Justice Nagarathna observed that persons with integrity did not require any protection through the requirement of prior sanction under Section 17A.
However, Justice Viswanathan said declaring the provision unconstitutional and striking it down would be akin to throwing the baby out with the bathwater.
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.
