Supreme Court Split Verdict on Section 17A, Prevention of Corruption Act 1988

The Supreme Court delivers a split verdict in Centre for Public Interest Litigation v. Union of India on the constitutionality of Section 17A of the Prevention of Corruption Act, 1988 (inserted by the 2018 amendment). The matter is placed before the Chief Justice of India for constitution of an appropriate bench to decide the issue.

Supreme Court Split Verdict on Section 17A, Prevention of Corruption Act, 1988

Dimension	Key Details
Legal Provision	Section 17A of the Prevention of Corruption Act, 1988 is inserted by the 2018 amendment.
Prior Sanction Requirement	Section 17A mandates prior sanction from the Government to launch an investigation against a public servant under the Act.
Justice Viswanathan	Section 17A is constitutionally valid subject to the condition that the sanction must be decided by the Lok Pal or the Lok Ayukta of the State.
Justice BV Nagarathna	Section 17A is in violation of Article 14 of the Constitution inasmuch as it seeks to protect only a class of public servants.
Next Procedural Step	The issue is placed before the Chief Justice of India for the constitution of an appropriate bench to decide.
Definition of Corruption	Corruption comprises acceptance or solicitation of gratification (other than legal remuneration) by a public servant for performing or not performing an official act.
Penalty	Maximum imprisonment of 5 years.
Stated Provision	Public servants can discharge public duty without fear of harassment and prosecution.
Bribery Provision	Criminalizes the act of offering bribes to foreign public officials.
Other Provisions	India curbs corruption through key measures: the Lokpal and Lokayuktas Act (2013) for investigating public officials, the CVC Act (2003) for transparent governance, the RTI Act (2005) for public access to information, and adherence to the UN Convention Against Corruption (ratified in 2011).