From UPSC perspective, the following things are important :
Prelims level: CBI; Delhi Special Police Establishment (DSPE) Act, 1946.
Mains level: Functions and Powers of CBI;
Why in the News?
The Supreme Court upheld the West Bengal government’s suit, which accuses the Union government of “Constitutional overreach” by using the Central Bureau of Investigation (CBI) to register and investigate cases in the state, despite the state’s withdrawal of general consent on November 16, 2018.
Background
Key highlights of the verdict:
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Is the CBI an Independent Agency or Under Union Government Control?
- The Supreme Court ruled that the Central Bureau of Investigation (CBI) is not entirely independent.
- The CBI is constituted, administered, and has its powers extended under the Delhi Special Police Establishment (DSPE) Act, 1946.
- The central government exercises superintendence over the CBI, particularly for offenses other than those under the Prevention of Corruption Act, where the Central Vigilance Commission has superintendence.
- Therefore, the Union government is vitally concerned with the CBI’s functions and operations.
Does the CBI Need the State’s Permission to Carry Out Investigations in Its Territory?
- The CBI derives its powers from the DSPE Act, of 1946.
- According to Section 6 of this Act, the CBI requires the state government’s consent to extend its investigation beyond the Union Territories.
- The Supreme Court has ruled that although the CBI is under the administrative control and superintendence of the Union government, this does not negate the requirement of state consent for investigations as per the DSPE Act.
- There are two types of consent – General consent and Specific consent.
- When a state gives general consent, the CBI does not need to seek permission for every case.
- However, if the general consent is withdrawn, the CBI needs to seek specific case-by-case consent from the state.
- Several opposition-ruled states have withdrawn their general consent for CBI investigations, which has hampered the CBI’s ability to freely investigate cases of corruption involving central government employees in those states.
- The states that have withdrawn are- Mizoram, West Bengal, Andhra Pradesh, Chhattisgarh, and then states of Punjab, Maharashtra, Rajasthan, Kerala, and Jharkhand (2020).
- Telangana, Tamil Nadu, and Meghalaya withdrew general consent in 2022.
- However, the withdrawal of general consent does not affect pending CBI investigations or cases where a court has ordered a CBI probe. The CBI can also approach a local court to obtain a search warrant to conduct investigations in states that have withdrawn consent.
Note: In total, 10 states have withdrawn general consent to the CBI as of 2022. This has significantly limited the CBI’s ability to freely investigate cases in these states without seeking prior permission.
Way Forward:
- Strengthening Federal Cooperation: Establish a clear institutional framework that promotes cooperation and coordination between the central and state governments regarding CBI investigations.
- Legal and Administrative Reforms: Consider amending the DSPE Act to provide more clarity on the roles and powers of the CBI and the requirements for state consent.
Jurisdictional Overview and Federal Character:The CBI operates within the context of India’s federal structure, which grants states certain powers and autonomy. The need for state consent limits the CBI’s jurisdiction, as it cannot conduct investigations in states without their general consent. Powers and Jurisdiction of CBI
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Mains PYQ:
Q The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India. (UPSC IAS/2021)
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