Supreme Court Hears The Plea Challenging The 2018 Amendments To The Prevention Of Corruption Act

The Supreme Court heard a plea challenging the 2018 amendments to the Prevention of Corruption Act on August 05, 2025, Tuesday according to The Hindu. This plea has challenged the introduction of Section 17A and the changes made to Section 13 of the PC Act.  As reported in The Hindu, Section 17A of the Prevention of Corruption Act, 1988, was introduced in July 2018. It bars any “enquiry or inquiry or investigation” against a public servant for recommendations made in discharge of official duties without prior approval from the competent authority. Justice B.V. Nagarathna and Justice K.V. Viswanathan were heading the Supreme Court bench. As reported in The Hindu, Justice K.V. Viswanathan said, “Honest officers who do not toe the line after a change in government will be protected.”

“Ultimately, the balance has to be struck…”- The Supreme Court 

Speaking further on this issue according to the Bar and Bench, The Top Court said that not every government decision can be said to be tainted. The Supreme Court stressed that the balance has to be struck and honest officers must be protected from frivolous or vexatious complaints. According to The Top Court, “Second, dishonest officers need not be protected. So, what is the balance to be struck? If honest officers are made subject to frivolous cases, they will not act at all.”

As reported in the India Today group, according to Justice Viswanathan, public servants sometimes act in the country’s interest and later face scrutiny. Mr Viswanathan cited a book by Mr. Subramaniam and referred to a case where a bureaucrat purchased coal during a shortage. According to Mr Viswanathan, it was later booked because it was alleged that it could have been procured at a lower price.

Who were the petitioners in The Supreme Court?

The petitioner NGO Centre for Public Interest Litigation was represented by Advocate Prashant Bhushan. The Centre was represented by Solicitor general Tushar Mehta. 

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