The 2 February Tamil Nadu Government Order issued by the Chief Secretary after revoking three earlier GOs which stipulates that the government&’s sanction is necessary for prosecuting all officials of the state government irrespective of their rank and position under the Prevention of Corruption Act shields the corrupt. Until this order, government sanction was necessary for a preliminary inquiry or registration of a regular case only against All-India Services officers. Having developed a system of paying voters handsomely for their votes, the ruling party attracts the charge of encouraging government officials to collect illegal gratification for every service rendered in the State, and using them to swell its election coffers which run into thousands of crore rupees. Protecting the officials is a dangerous trend and must be stopped unless Tamil Nadu wants to join the ranks of failed states that offer unparalleled economic opportunities to a privileged few at the cost of the many. Towards that end the government has caused the Chief Secretary to issue the impugned GO which lacks validity. An advocate has already filed a contempt petition in the Madras High Court against the Chief Secretary. In the case of Subramanian Swamy vs the CBI Director, the Supreme Court in 2014 held that Section 6A(1) of the Delhi Special Police Establishment Act was unconstitutional and that the establishment required approval of the Union government to conduct an inquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act only by officers of the level of joint secretary and above.

The Tamil Nadu order makes it obligatory for a complaint of corruption under the Prevention of Corruption Act against any public servant irrespective of rank to be vetted by the Vigilance Directorate and Vigilance Commission before the government orders an inquiry. The order does not discriminate between groups of employees on grounds of rank. While the Supreme Court had given vigilance agencies including the CBI absolute freedom to proceed with complaints of corruption against employees below the rank of joint secretary, Tamil Nadu has done exactly the opposite. It cramps the freedom of an already weak Vigilance Directorate. Under the new dispensation every complaint of corruption has to go through three stages, the Vigilance Directorate, Vigilance Commission and the department of the employee. The GO does not spell out what course to follow if there is disagreement on the recommendation in respect of a complaint between the two vigilance agencies and the department. Since the ultimate authority to sanction prosecution of a government official rests in the government itself, the corrupt need not fear the court of law.