What is ‘prior approval’ before probing corruption allegations against public officials?

Source-This post is based on the article “What is ‘prior approval’, and why is it needed before investigating public officials accused of corruption?” published in “The Indian Express” on 17th January 2024.

Why in the News?

Recently, the Supreme Court issued a divided verdict on ex-Andhra Pradesh CM Chandrababu Naidu’s plea to dismiss an FIR in a purported skill development scam. Now, the matter has been referred to the Chief Justice of India to form a three-judge bench for a decisive ruling on corruption charges against Naidu.

What does the Supreme Court held?

1) Justice Bose held that prior approval was necessary before conducting an inquiry into the allegations against Naidu, which the CID did not have when it opened the inquiry.

2) Justice Trivedi held it was necessary to seek approval under Section 17A of the PCA Act only to investigate offences committed after 2018, the year this requirement was introduced.

What is the ‘Prior approval’ requirement?

1) In 2003, an amendment to the Delhi Special Police Establishment Act, 1946 (specifically Section 6A) was made.

2) It mandated that agencies like the CBI are required to seek central government approval before probing alleged offenses under the Prevention of Corruption Act (PCA), 1988, if the implicated employee held a rank higher than joint secretary.

3) The Supreme Court eliminated this requirement in 2014.

4) In 2018, the PCA underwent an amendment, incorporating a comparable provision as Section 17A.

5) According to section 17A, if a public servant commits an offense under the Act during official duties, investigators must receive approval from the central/state government or a competent authority to initiate an inquiry or investigation.

What are the similar cases in which the Supreme Court addressed the prior approval issue?

CBI v R R Kishore- A Constitution Bench ruled that officials cannot assert immunity under Section 6A, even if the offense occurred prior to the annulment of this provision.

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