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on the decision of this Court in Mansukhlal Vithaldas Chauhan v. State of Gujarat10.

12.2 The second submission of Shri Jethmalani is about the delay in granting the sanction for prosecution. While the CBI requested for sanction on 18.09.2015, the order of sanction came to be passed on 24.07.2017, after almost two years. According to Shri Jethmalani, this delay is fatal, the consequence being that the proceedings against the Appellant must be quashed. For this purpose, he relied on the decision of this Court in Vineet Narain & Ors. v. Union of India & Anr.11 followed by Subramanian Swamy v. Manmohan Singh & Anr.12 as per which this Court has set an outer limit of three months for granting sanction.

(f) review the progress of applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988.” delay in granting sanctions continued. In Subramanian Swamy’s case, this Court suggested that Parliament may consider prescribing clear time limits for the grant of sanction and to provide for a deemed sanction by the end of the period if no decision is taken.

“81. In my view, Parliament should consider the constitutional imperative of Article 14 enshrining the Rule of Law wherein “due process of law” has been read into by introducing a time-limit in Section 19 of the PC Act, 1988 for its working in a reasonable manner. Parliament may, in my opinion, consider the following guidelines:

28. The sanctioning authority must bear in mind that public confidence in the maintenance of the Rule of Law, which is fundamental in the administration of justice, is at stake here. By causing delay in considering the request for sanction, the sanctioning authority stultifies judicial scrutiny, thereby vitiating the process of determination of the allegations against the corrupt official27. Delays in prosecuting the corrupt breeds a culture of

24 Commencing from the concerns expressed in Vineet Narain case in 1998, followed by the decision in Subramanian Swamy.

25 The passing of the CVC Act in 2003, and the Lokpal and Lokayuktas Act amending the provision of PC Act and CVC Act and also the 2018 amendments to the PC Act. 26 The various instructions issued by the CVC from time to time from 2003. 27 Supra- Subramanian Swamy impunity and leads to systemic resignation to the existence of corruption in public life. Such inaction is fraught with the risk of making future generations getting accustomed to corruption as a way of life. Viewed in this context, the duty to take an early decision inheres in the power vested in the appointing authority to grant or not to grant sanction. In fact, the statement of object and reasons for the 2018 amendment of Section 19 clearly explain the purpose as under: -