Supreme Court of India · 2005-02-04
Dr. Subramanian Swamy vs Director, Cbi And Ors.
- Citation / case number
- 2005(1)AWC797(SC)
- Court
- Supreme Court of India
- Petitioner
- Dr. Subramanian Swamy
- Respondent
- Director, Cbi And Ors.
- Bench
- D.M. Dharmadhikari, Tarun Chatterjee
Judgment text excerpt
The Supreme Court examined the constitutional validity of Section 6-A of the Central Vigilance Commission Ordinance, 1998, which required prior approval from the Central Vigilance Commission for investigating officers of Joint Secretary level and above. The Court held that this provision violated Article 14 of the Constitution, as it undermined independent investigations into bureaucratic corruption and created a risk of political interference. The Court emphasized the need for unhampered investigations to uphold the rule of law, ultimately striking down Section 6-A as arbitrary and unreasonable.