Supreme Court’s Observation on Prevention of Corruption Act:

06 Aug 2025 GS 2 Polity

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Provision Highlighted:
- Section 17A of the Prevention of Corruption Act, 1988 requires prior sanction from a competent authority before initiating any inquiry, investigation, or enquiry against a public servant.
Purpose of Section 17A:
- Designed to protect honest officers.
- Prevents misuse of law for political vendetta, especially after a change in regime.
SC Bench Remarks:
- Officers who do not "toe the line" post-government change should not suffer.
- Honest bureaucrats must not be harassed for performing duties in good faith.
Concern:
- Political regimes sometimes target bureaucrats who worked under previous governments.
- Section 17A acts as a shield against arbitrary prosecution.
Legal Interpretation:

The provision emphasizes the need for a competent authority's permission to ensure accountability without intimidation.

Purpose:
- Introduced to protect honest public servants from harassment and political vendetta, especially after a change in government.
Scope:
- Applies to offenses related to official recommendations or decisions made by public servants while discharging their duties.
Requirement of Prior Approval:
- No police enquiry, inquiry, or investigation can begin without prior sanction from the competent authority.
Who Grants Approval:
- For Union or State government employees – the respective government.
- For other public servants – the authority competent to remove them from service.
Legislative Origin:
- Introduced via the Prevention of Corruption (Amendment) Act, 2018.
- Came into force on July 26, 2018.