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SC SPLIT ON SANCTION TO PROSECUTE PUBLIC SERVANTS

Why in the News?

  • Split verdict delivered: The Supreme Court of India delivered a split judgment on the legality of prior sanction for prosecuting public servants.
  • Conflicting opinions: Justice B.V. Nagarathna struck down the provision as unconstitutional, while Justice K.V. Viswanathan upheld it with safeguards.
  • Larger Bench referral: The matter will now be referred to the Chief Justice of India for consideration by a three-judge Bench.

WHAT IS THE DISPUTED LEGAL PROVISION?

  • Statutory basis: The dispute concerns Section 17A of the Prevention of Corruption Act, 1988, introduced through a 2018 amendment.
  • Prior sanction rule: The provision mandates prior approval of a competent authority before initiating investigation or prosecution.
  • Scope of protection: It primarily covers public servants involved in official decision-making functions, including those responsible for granting environmental clearances.
  • Purpose claimed: The provision aims to protect honest officials from frivolous or motivated complaints.
  • Legal challenge: Critics argue it creates institutional barriers to anti-corruption investigations.

DIVERGENT VIEWS OF THE JUDGES

  • Justice Nagarathna’s view: She held Section 17A unconstitutional, stating it shields corrupt officials and blocks even preliminary inquiry.
  • Article 14 violation: The provision was found to violate equality before law, as protection is extended only to a select class of senior officials.
  • Rule of law concern: Prior sanction forecloses timely scrutiny and undermines probity in public life, she observed.
  • Justice Viswanathan’s view: He upheld Section 17A, warning that striking it down would cause policy paralysis and discourage decision-making.
  • Suggested safeguard: He proposed that sanction decisions should follow independent inquiry by bodies like the Lokpal or Lokayukta.

SANCTION FOR PROSECUTION & ANTI-CORRUPTION FRAMEWORK
● Balancing act: Anti-corruption law must balance official independence with effective accountability mechanisms.
● Preventing misuse: Prior sanction seeks to prevent harassment of honest officials, but risks delaying justice.
● Institutional oversight: Independent bodies like the Lokpal enhance credibility of sanction processes.
● Judicial role: Courts test whether statutory safeguards align with constitutional principles, including the polluter pays principle and precautionary principle in environmental cases.
● Broader impact: The final ruling will significantly shape India’s anti-corruption jurisprudence and governance ethics, potentially influencing environmental governance practices.