Supreme Court Split on Section 17A of Prevention of Corruption Act on Prior Approval for Investigations
January 22, 2026
The Supreme Court split 2-1 on the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988 (PCA). This section requires prior government approval before probing alleged offences by public servants during official duties.
Section 17A was added in 2018 to avoid wrongful investigations that may discourage honest officials. It demands government permission before starting inquiries related to decisions or recommendations made by public servants.
Justice K. V. Viswanathan supported Section 17A. He said the approval protects honest officers from baseless complaints and prevents bureaucracy from fearing bold decisions. However, he ruled that approval should come from an independent body, not the government itself. He referred to the Lokpal and Lokayuktas Act, 2013, suggesting these agencies give binding opinions for central and state officers.
Justice B. V. Nagarathna disagreed. She called Section 17A "old wine in a new bottle," similar to earlier struck down rules. She said it violates Article 14’s requirement for fairness and equal treatment. She added that Section 19 of the PCA already grants protection by requiring approval before prosecution.
The Supreme Court will now refer the issue to a larger bench for a final decision.
Experts say quicker case disposal and strict penalties for false complaints are needed to fight corruption and protect honest officials.
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Tags:
Prevention of corruption act
Section 17A
Supreme court
Public Servants
Corruption Investigation
Prior Approval
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