Overview
- Justice B. V. Nagarathna held Section 17A unconstitutional, saying the prior-approval bar forecloses inquiry and protects the corrupt.
- Justice K. V. Viswanathan upheld the clause subject to sanction decisions being made by independent bodies such as the Lokpal or state Lokayuktas.
- Section 17A, inserted in 2018, requires prior approval before any inquiry or investigation into a public servant’s official decisions.
- The challenge, led by CPIL and argued by Prashant Bhushan, claimed the rule revives disapproved controls and that sanctions are rarely granted.
- The registry will place the matter before Chief Justice Surya Kant to constitute a larger bench for a definitive ruling.