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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.



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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
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