False
Download Learnerz IAS app from the Play Store now! Download

$show=search/label/May%202022

 


Section 6A of the DSPE Act UPSC NOTE

 Supreme Court's Decision:

  • A Constitution Bench, headed by Justice Sanjay Kishan Kaul, ruled that a 2014 Supreme Court judgment has a retrospective effect.

  • The 2014 judgment invalidated Section 6A of the Delhi Special Police Establishment (DSPE) Act, which mandated prior permission for the CBI to investigate corruption cases involving senior government officials.

  • The Bench declared that Section 6A was void from the date of its insertion on September 11, 2003.

  • Section 6A was found to violate fundamental rights, and once a law is declared unconstitutional, it is considered void ab initio, unenforceable, and non est.

Impact of the Decision:

  • Government officials involved in corruption cases before the 2014 Supreme Court judgment can no longer rely on the protection of prior approval.

  • The decision ensures that the 2014 judgment applies retrospectively, meaning it affects cases dating back to September 11, 2003.

Article 20(1) Clarification

  • The judgment clarified that Article 20(1), which relates to the conviction of individuals under laws in force at the time of the crime, does not apply to the validity or invalidity of Section 6A of the DSPE Act.

Section 6A Details:

  • Section 6A of the DSPE Act had provided immunity to government officials with a rank of joint secretary and above, even from facing preliminary inquiries by the CBI.

  • In 2014, a Constitution Bench declared Section 6A a violation of the right to equality under Article 14 of the Constitution.

  • The 2014 judgment emphasized the importance of tracking down corrupt public servants, regardless of their status or position, and treating them equally under the law.

COMMENTS

Name

Amritsar,1,April 2024,171,Art & Culture,1,August 2023,251,Courses,7,Daily Current Affairs,48,December 2023,189,Disaster Management,2,Environment and Ecology,54,February 2024,228,Foundation Course,1,GDP,1,GEMS Club,1,GEMS Plus,1,Geography,67,Govt Schemes,2,GST,1,History,2,Home,3,IAS Booklist,1,Important News,71,Indian Economy,46,Indian History,2,Indian Polity,56,International Organisation,12,International Relations,58,Invasive Plant,1,January 2024,240,July 2023,281,June 2022,6,June 2023,268,March 2024,238,May 2022,17,Mentorship,2,November 2023,169,October 2023,203,Places in News,2,Science & Technology,66,September 2023,205,UPSC CSE,111,
ltr
item
Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Section 6A of the DSPE Act UPSC NOTE
Section 6A of the DSPE Act UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2023/09/section-6a-of-dspe-act-upsc-note.html
https://www.learnerz.in/
https://www.learnerz.in/
https://www.learnerz.in/2023/09/section-6a-of-dspe-act-upsc-note.html
true
4761292069385420868
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content