Key Highlights
- Viswanathan differed in their views on the provision, which was inserted through the 2018 amendment to the Act.
- Due to the difference of opinion, the matter has been referred to the Chief Justice of India for constituting an appropriate Bench to finally decide the issue.
- Justice Nagarathna held that Section 17A is unconstitutional and should be struck down.
- She observed that the provision tends to shield corrupt officials instead of protecting honest officers.
- According to her, the requirement of prior approval blocks inquiry at the very beginning and goes against the purpose of the anti-corruption law.
