In Centre for Public Interest Litigation v. Union of India judgment, the court delivered a split verdict on the constitutionality of Section 17A of the Prevention of Corruption Act (1988), inserted by the 2018 amendment.
- Section 17A mandates that there should be a prior sanction from the Government to launch an investigation against a public servant under the Act.
Key aspects of judgment
- Split verdict:
- 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 of the Act is in violation of Article 14 of the Constitution inasmuch as it seeks to protect only a class of public servants.
- Placed before the Chief Justice of India for the constitution of an appropriate bench to decide the issue.
About Prevention of Corruption Act, 1988
- Definition of Corruption: Acceptance or solicitation of gratification (other than legal remuneration) by a public servant for performing or not performing an official act.
- Penalties: Maximum imprisonment of 5 years.
- Prevention of Corruption (Amendment) Act, 2018
- To ensure that the public servants can discharge their public duty without fear of harassment and prosecution.
- Criminalizes the act of offering bribes to foreign public officials.
- To ensure that the public servants can discharge their public duty without fear of harassment and prosecution.
Other provisions to curb corruption
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