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Supreme Court of India 2026-01-13

Centre for Public Interest Litigation vs Union of India

Bench: 2 — K.V. Viswanathan, B.V. Nagarathna

In Brief

On 13 January 2026, the Supreme Court delivered a split verdict in Centre for Public Interest Litigation v. Union of India, challenging Section 17A of the Prevention of Corruption Act, 1988. Section 17A requires prior government approval before police can investigate corruption allegations relating to official decisions or recommendations by public servants. Justice Viswanathan upheld the provision if interpreted to require independent screening by the Lokpal/Lokayukta before approval. Justice Nagarathna held Section 17A unconstitutional as it resurrects protections struck down in earlier cases, lacks neutrality, impedes investigations, and protects corrupt officials. The split decision has been referred to a larger bench for final determination.

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Anti-Corruption Law Constitutional Law Administrative Law Criminal Procedure Separation of Powers Rule of Law Independence of Investigating Agencies Articles 14 and 21 Fundamental Rights Public Interest Litigation Judicial Review

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