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 Mains 2021 General Studies (Paper – 2)
Federalism is a system of government in which the power is divided between a central authority and various constituent units of the country. The Constitution clearly provided a threefold distribution of powers between the Union Government and the State Governments.
Known as India’s premier investigation agency, Central Bureau of Investigation (CBI) deals with matters of corruption and major criminal matter. It investigates cases connected to infringement of economic and fiscal laws. The CBI derives its power from the Delhi Special Police Establishment (DSPE) Act, 1946.
According to Section 6 of the DSPE Act, the State’s consent is required to extend CBI investigation beyond Union Territories. There are two types of consent for a probe by the CBI:
- General Consent: When a State gives a general consent to the CBI, the agency is not required to seek fresh permission every time it enters that State in connection with investigation.
- Specific Consent: When a general consent is withdrawn, CBI needs to seek case-wise consent for investigation from the concerned State government. If specific consent is not granted, the CBI officials will not have the power of police personnel when they enter that State.
However, the power of the States to withhold consent to the CBI is not absolute. The CBI can be ordered by the Supreme Court and the high court to investigate a crime without the consent of the State. Moreover, the withdrawal of general consent does not affect pending investigation (Kazi Lendhup Dorji case, 1994) or the cases registered in another State in relation to which investigation leads into the territory of the State which has withdrawn general consent.
In context of federal structure, Police is exclusively a State subject. However, the establishment of CBI under the DSPE Act is an exception as it encroaches upon the State jurisdiction. Federal issues are caused recurrently with the jurisdiction of CBI often coming into direct confrontation with the State police. The existence of different political parties at the State and Central level often leads to a more prominent conflict between the State and Centre over CBI.
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