New Delhi, Jan. 13 -- Warning against dismantling statutory safeguards in the name of reform, Justice KV Viswanathan upheld the constitutional validity of Section 17A of the Prevention of Corruption (PC) Act, and cautioned that striking it down would amount to "throwing the baby out with the bathwater" and risk crippling governance.

In his judgment, Justice Viswanathan emphasised that in a democracy governed by the rule of law, the smooth functioning of the executive depends critically on bureaucrats and officers who take decisions under constant public scrutiny. He recalled the Constituent Assembly's emphasis on responsible governance, underscoring that administrative paralysis would be a grave national cost.

The judge noted that Parli...