The Supreme Court on Friday referred two petitions seeking quashing of the controversial 'single directive' provision in the Central Vigilance Commission Act to a five-member Constitution Bench.
The petitions have been filed by Janata Party leader Subramanian Swamy and the People's Union for Civil Liberties.
The petitions seek quashing of Section 6A of the Act which bars Central Bureau of Investigation from registering corruption cases against bureaucrats of the rank of joint secretaries and above, without prior permission of the government.
Introduced by the National Democratic Alliance government, the 'single directive' provision in the CVC Act has also been supported by the ruling United Progressive Alliance government.
The Supreme Court had quashed the 'single directive' provision on December 18, 1997, upsetting the NDA government's attempt to bring it into the CVC Bill in 1999.
However, a Joint Parliamentary Committee recommended the introduction of the 'single directive' provision and on the basis of which the Parliament passed the necessary amendment.
The UPA government had stated through Solicitor General G E Vahanvati that the amendment was necessary to protect the bureaucrats from vexatious litigations by disgruntled elements.