Why is Sanction for Prosecution Needed?

What’s in today’s article?

• Background
• Legal Framework
• Role of the Governor in Cases Against a Chief Minister
• Judicial Interpretations
• Conclusion

Background

• Sanction for prosecuting a public servant is a crucial legal requirement designed to protect officials from frivolous or malicious lawsuits.
• This ensures that decisions made during their official duties are not constantly challenged in court without valid grounds.
• The need for sanction is embedded in various legal provisions, including Section 197 of the Code of Criminal Procedure (CrPC) and Section 19 of the Prevention of Corruption Act (PCA).

Legal Framework

• CrPC and PCA:
  • Both these laws require that before a public servant can be prosecuted, a competent authority must grant permission.
  • This is to ensure that the actions of public servants, especially those undertaken in their official capacity, are scrutinized before legal action is initiated.
• Recent Amendments:
  • The Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the CrPC, retains the sanction provisions.
  • In 2018, amendments to the PCA introduced the necessity of obtaining government approval even to start an investigation, highlighting the importance of sanction before prosecuting public servants.

Role of the Governor in Cases Against a Chief Minister

• The Governor plays a significant role in cases involving the Chief Minister.
• Since the Governor has the authority to dismiss a CM, they are also the one to grant prosecution sanctions against them.
• However, there has been debate over whether the Governor should act independently or based on the advice of the Council of Ministers.
• Supreme Court's Stance:
  • In the case of A.R. Antulay, the Supreme Court clarified that the Governor should exercise discretion and not merely follow the Council’s advice when deciding on prosecution sanctions against a CM.
  • This discretionary power is particularly important in maintaining the balance of power and ensuring justice.

Judicial Interpretations

• There have been instances where Governors have exercised their discretion to grant sanctions despite the Council of Ministers' advice.
• For example, in a notable Madhya Pradesh case, the Supreme Court upheld the Governor's decision to grant sanction against Ministers, even when the Council of Ministers found no grounds for prosecution.
• The Court emphasized that in cases where the Council’s decision appears biased or irrational, the Governor is justified in acting independently.

Conclusion

• Sanction for prosecution is a critical safeguard in the Indian legal system, ensuring that public servants are not subjected to unnecessary legal harassment.
• At the same time, it holds them accountable when there is legitimate evidence of wrongdoing.
• The role of the Governor, particularly in cases involving high-ranking officials like the Chief Minister, is vital in maintaining this balance.
• The judicial backing for the Governor's discretionary powers reinforces the importance of an impartial and fair legal process.

Q1. What do you mean by Code of Ethics?

A code of ethics is broader, providing a set of principles that affect employee mindset and decision-making. A code of conduct offers principles defining the ethics of a business, but it also contains specific rules for employee actions and behavior.

Q2. What is the difference between Ethics and Morals?

Morals usually refer to personal beliefs influenced by factors such as society, culture, and individual experiences. Ethics are guidelines established by communities or specific groups outlining acceptable and unacceptable actions or behaviors.

Source: Why is sanction for prosecution needed?