Topic: Statutory, regulatory and various quasi-judicial bodies
Q3. “The requirement of prior sanction for prosecuting public servants ensures protection against frivolous accusations but risks shielding the corrupt”. Discuss. (15 M)
Difficulty Level: Medium
Reference: IE
Why the question
SC mandates prior sanction to prosecute public servants under PMLA
Key Demand of the Question
Evaluate the benefits and challenges of the prior sanction requirement and suggest measures to ensure a balance between protecting honest officials and prosecuting the corrupt.Structure of the Answer
Introduction
Briefly explain the intent of the prior sanction provision and its relevance in ensuring administrative efficiency and accountability.Body
- Significance of prior sanction: Explain how it protects honest officials, avoids harassment, and maintains administrative confidence.
- Challenges posed by prior sanction: Highlight issues like delays, potential misuse to shield corruption, and erosion of public trust.
- Balancing measures: Suggest reforms like time-bound processes, independent bodies, and clear delineation of official versus personal actions.
Conclusion
Emphasize the need for reforms that ensure transparency, accountability, and fair protection to uphold governance standard
