In which of the following decisions, the Supreme Court upheld the constitutional validity of Section 19…
In "Manzoor Ali Khan v. Union of India" (2014) the Supreme Court rejected the constitutional challenge to the requirement of previous sanction under section 19 of the…
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In which of the following decisions, the Supreme Court upheld the constitutional validity of Section 19 of the Prevention of Corruption Act but suggested for its restructuring by the Parliament?
Answer and explanation
Correct answer B
In "Manzoor Ali Khan v. Union of India" (2014) the Supreme Court rejected the constitutional challenge to the requirement of previous sanction under section 19 of the Prevention of Corruption Act, 1988, while endorsing the earlier suggestion that Parliament restructure the provision and fix time limits for deciding on sanction. That suggestion had been made in an earlier Subramanian Swamy decision, which did not decide a challenge to the validity of section 19; Common Cause and Danial Latifi concern other issues.
Current law: The 2018 amendment extended sanction protection to specified former public servants and added a duty to endeavour to decide a sanction proposal within three months, extendable by one month for legal consultation.
Practice for these exams
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Uttarakhand Judicial Services