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One judge calls the prior sanction rule unconstitutional and protective of corruption, the other backs it as a screening tool, pushing the issue to a larger bench.
India
M
Moneycontrol•13-01-2026, 13:58

Supreme Court Split Verdict on Section 17A: Future of Corruption Probes Uncertain

  • •Supreme Court delivered a split verdict on the constitutional validity of Section 17A of the Prevention of Corruption Act.
  • •Justice Nagarathna argued Section 17A is unconstitutional, hindering anti-corruption efforts and protecting the corrupt.
  • •Justice Vishwanathan upheld Section 17A's validity as a screening mechanism but suggested sanction decisions rest with Lokpal/Lokayukta.
  • •The disagreement highlights a fault line in India's anti-corruption framework regarding early-stage approvals.
  • •The matter is referred to the Chief Justice of India for a larger bench, keeping Section 17A in force for now.

Why It Matters: Supreme Court's split verdict on Section 17A leaves the future of corruption probes against public servants uncertain.

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