Supreme Court rules prior approval unnecessary for investigating Rajasthan constable's ₹1.5 lakh bribe demand
GS2Polity · Governance · IR· Judiciary & landmark judgments· Prelims + Mains·
Judicial review of administrative accountability: a GS2 case study on the Prevention of Corruption Act.
Why in news
The Supreme Court ruled that prior approval under Section 17A of the Prevention of Corruption Act is unnecessary for investigating bribe demands unrelated to official duties.
Background
A Supreme Court Bench of Justices S.V.N. Bhatti and N.V. Anjaria dismissed an appeal by Tejaram, a Rajasthan police constable. The court addressed an allegation of a ₹1.5 lakh bribe demand made on April 22, 2021.
Facts for Prelims
- Act / BillSection 17A of the Prevention of Corruption Act governs the requirement for prior approval for investigations.
- PostThe case involved a Rajasthan police constable accused of demanding a ₹1.5 lakh bribe.
- BodyThe Supreme Court of India dismissed the appeal regarding the investigation's procedural requirements.
Prelims practice question
With reference to the Prevention of Corruption Act and the Supreme Court ruling, consider the following statements:
- Section 17A of the Act governs the requirement for prior approval for investigations.
- The Supreme Court ruled that prior approval is mandatory for all bribe investigations regardless of official duties.
- The case involved a Rajasthan police constable accused of demanding a bribe.
Which of the statements given above is/are correct?
- (a)1 only
- (b)3 only
- (c)1 and 2 only
- (d)1 and 3 only
Show answer
Answer: (d) 1 and 3 only — Statements 1 and 3 are correct. Statement 2 is incorrect: The court ruled prior approval is unnecessary for bribe demands unrelated to official duties.
For Mains
Q. Discuss the balance between procedural safeguards for civil servants and the necessity of swift investigations into corruption under the Prevention of Corruption Act.
Dimensions to cover in your answer
- Legal ambiguity: Clarifying the scope of 'official duties' to prevent misuse of Section 17A protections
- Accountability vs. Protection: Balancing the immunity of public servants with the need for transparent anti-corruption enforcement
Keywords: Judicial Review · Prevention of Corruption Act · Administrative Accountability · Procedural Safeguards · Public Integrity
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