Overview
- Justice B. V. Nagarathna struck down Section 17A as unconstitutional under Article 14, calling it a revival of protections earlier invalidated in Vineet Narain and Subramanian Swamy.
- Justice K. V. Viswanathan upheld the provision after reading it down so approval decisions are taken by the Lokpal or state Lokayuktas rather than the executive.
- Section 17A, added in 2018, bars police from initiating any inquiry into acts tied to official recommendations or decisions without prior approval, with a trap-case exception and a three-month timeline extendable by one month.
- The challenge, led by the Centre for Public Interest Litigation and argued by Prashant Bhushan, said the law stifles probes and shields officials, while the Union, represented by Solicitor General Tushar Mehta, defended it as a safeguard against frivolous cases and policy paralysis.
- With the split verdict, the constitutional question remains unresolved until a larger bench rules, shaping how India balances anti-corruption accountability with protection for bona fide governance.