GS Paper II
News Excerpt:
The two Supreme Court (SC) Judges disagreed on whether the Andhra Pradesh CID was required to seek “previous approval” from the state government before inquiring into the allegations against former Andhra Pradesh Chief Minister Chandrababu Naidu.
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Prior approval requirement:
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About the verdict:
- The SC delivered a split verdict in former Andhra Pradesh Chief Minister Chandrababu Naidu’s plea to quash an FIR in the alleged Skill Development Scam Case.
- Justice Bose held that previous sanction within the meaning of Section 17A of the PCA, 1988 would have to be obtained after the provision became operational, failing which an inquiry, enquiry, or investigation against a public servant under the PCA shall be illegal.
- Justice Trivedi disagreed with the interpretation of Section 17A. She held that this provision could not be made applicable retrospectively. Section 17A would only apply to amended and newly inserted offences under the PC Act, which underwent significant amendments in 2018.
- The SC referred the case to a larger bench.
Challenges posed by Prior approval provision:
- Levels of corruption would rise: It impedes tracking down corrupt public officials, undermines the purpose of anti-corruption legislation and placing the burden on police officers and investigating agencies would, in effect, protect corrupt officials.
- It is “extremely difficult” to determine if a public official committed an offence while they were discharging their duties if no investigation could be conducted in the first place.
- In its 2014 judgment, the SC had observed that such provisions are destructive to the objective of the anti-corruption laws, block the truth from surfacing, and sometimes result in a forewarning to those officials involved as soon as allegations arise against them.
Conclusion:
It is essential to have safeguards to filter out frivolous inquiries into the conduct of public servants making sincere decisions, but it is equally in the interest of the public that provisions like “prior approval” do not shield dishonest officials from accountability.
