Technoglitch
Core Member
On September 7, the Rajasthan government passed an executive order that it now wants to enact into law. This amends Sections 156 and Section 190 of the CrPC, to require prior sanction from the state or Centre, for probing corrupt activities of serving or retired public servants, magistrates and judges. This has been widely criticised by opposition parties, legal experts and the media for aiming to protect officials at the cost of accountability and free speech.
What is the context?
Starting the prosecution of senior officials has always required prior sanction from the government. Earlier, a 'single directive' protected officials of the rank of joint secretary or above from being prosecuted without government approval, the logic being that these decision-making jobs needed some protection to be able to work freely. However, now the question is whether even a preliminary investigation of such corruption requires sanction, and whether the police or courts can even initiate such a probe when they have clinching reason to do so. Section 156 and 190 deal with the power of the police to investigate offences, and the power of magistrates to take cognisance and order inquiries. If the Rajasthan government has its way, all public servants, which also includes the CM and cabinet, can be insulated from investigation for 180 days (after which sanction is assumed to be given).
Learning with the Times: What is the Rajasthan ordinance about, what’s its context? | India News - Times of India
What is the context?
Starting the prosecution of senior officials has always required prior sanction from the government. Earlier, a 'single directive' protected officials of the rank of joint secretary or above from being prosecuted without government approval, the logic being that these decision-making jobs needed some protection to be able to work freely. However, now the question is whether even a preliminary investigation of such corruption requires sanction, and whether the police or courts can even initiate such a probe when they have clinching reason to do so. Section 156 and 190 deal with the power of the police to investigate offences, and the power of magistrates to take cognisance and order inquiries. If the Rajasthan government has its way, all public servants, which also includes the CM and cabinet, can be insulated from investigation for 180 days (after which sanction is assumed to be given).
Learning with the Times: What is the Rajasthan ordinance about, what’s its context? | India News - Times of India