Section 17A PC Act Unconstitutional: Justice BV Nagarathna’s Dissent in Split Verdict

The Supreme Court, in a split verdict, saw Justice BV Nagarathna hold that Section 17A of the Prevention of Corruption Act is unconstitutional.

The Court observed that mandating prior approval before even initiating an investigation shields corrupt public servants and defeats the very object of anti-corruption law.

Justice Nagarathna termed the provision “old wine in a new bottle,” noting it resurrects a regime earlier struck down by the Court.

She further observed that allowing the executive to grant approval violates the rule against bias, as it enables authorities to judge their own officers.

[CPIL v. UOI]