India Supreme Court Split Verdict

The India — Supreme Court of India delivered a split verdict on the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988. Justice B. V. Nagarathna deemed the provision unconstitutional, arguing it hinders anti-corruption efforts by requiring prior sanction for investigations and thus protects corrupt officials. Conversely, Justice K. V. Viswanathan upheld its validity, emphasizing its role in safeguarding honest public servants from frivolous complaints, suggesting that sanction decisions be vested in independent authorities like the India — Lokpal or India — Lokayukta. This divergence led to the case being referred to Chief Justice of India Surya Kant for the constitution of a larger bench to make a final ruling. The Centre for Public Interest Litigation, represented by Advocate Prashant Bose, challenged the provision, while Solicitor General Tushar Mehta defended it on behalf of the Union government.