Anti-Corruption as a Constitutional Obligation: Center for Public Interest Litigation v. Union of India & Its Discontents

Through this Editorial Note, Dhruv Singhal and Mayank Sinha examine the constitutional implications of Section 17A of the Prevention of Corruption Act, 1988, which shifts the requirement of prior sanction from the stage of prosecution to the threshold of investigation. Through an analysis of the split verdict in Centre for Public Interest Litigation v. Union of India, they argue that this shift is not merely a question of procedural balance but one that reshapes the structural foundations of accountability. The editorial situates anti-corruption law within the broader framework of constitutional statutes that give meaningful effect to equality before law, and contends that executive gatekeeping over investigations risks making accountability contingent on the approval of the very authority subject to scrutiny. It ultimately argues that judicial engagement with Section 17A must move beyond procedural concerns to confront the deeper constitutional question of how legal mechanisms can either enable or insulate the exercise of public power.

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CALJ_Volume X Issue I_Singhal_Sinha.pdf

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