LAW FOR ALL

Section 6-A (1) of the DSPE Act - Constitutional validity was challenged - Constitution Bench Declared as unconstitutional - Held that we hold that Section 6- A(1), which requires approval of the Central Government to conduct any inquiry or investigation into any offence alleged to have been committed under the PC Act, 1988 where such allegation relates to (a) the employees of the Central Government of the level of Joint Secretary and above and (b) such officers as are appointed by the Central Government in corporations established by or under any Central Act, government companies, societies and local authorities owned or controlled by the Government, is invalid and violative of Article 14 of the Constitution. As a necessary corollary, the provision contained in Section 26 (c) of the Act 45 of 2003 to that extent is also declared invalid.= Dr. Subramanian Swamy …… Petitioner Versus Director, Central Bureau of Investigation & Anr. …… Respondents= 2014 ( May.Part) http://judis.nic.in/supremecourt/filename=41503