Article 14 challenge to prior approval for investigating senior officers referred for larger Bench consideration

Section 6-A of the Delhi Special Police Establishment Act, 1946 was challenged as arbitrary under Article 14 because it required prior approval before inquiry or investigation against senior officers. The submissions also questioned whether arbitrariness or manifest arbitrariness can invalidate legislation and whether such prior approval is constitutionally permissible. In light of the importance of these constitutional questions and the reliance on earlier three-Judge Bench decisions, the matter was considered suitable for examination by a larger Bench, and no final merits ruling was given.

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Issues: Whether the constitutional validity of Section 6-A of the Delhi Special Police Establishment Act, 1946, especially on the ground of arbitrariness under Article 14 of the Constitution of India, required reconsideration by a larger Bench.

Analysis: The challenge attacked the requirement of prior approval for inquiry or investigation against senior officers and contended that the provision was arbitrary and contrary to the rule of law. Competing submissions also raised the broader question whether arbitrariness or manifest arbitrariness can be a ground to invalidate legislation, and whether prior approval for investigation in such cases is constitutionally permissible. In view of the importance of these questions and the reliance placed on earlier three-Judge Bench decisions, the matter was considered fit for examination by a larger Bench.

Conclusion: The question was not finally decided on merits and was directed to be placed before a larger Bench.

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