Q.11 The jurisdiction of the Central Bureau of Investigation(CBI) regarding lodging an FIR and conducting a probe within a particular state is being questioned by various States. However, the power of States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.

Model Answer:

Introduction

The jurisdiction of the Central Bureau of Investigation (CBI) and the power of states to withhold consent for its operations is a complex issue that touches upon the federal structure of India.

Body

Let's break this down:

Federal Structure of India

India follows a quasi-federal structure, which means it has features of both federal and unitary systems. The Constitution of India distributes powers between the central government and the state governments through three lists in the Seventh Schedule:

  1. Union List: Subjects on which only the central government can legislate.
  2. State List: Subjects on which only state governments can legislate.
  3. Concurrent List: Subjects on which both central and state governments can legislate.

Central Bureau of Investigation (CBI)

The CBI is the premier investigative agency in India, established under the Delhi Special Police Establishment (DSPE) Act, 1946. It primarily investigates cases of corruption, economic offences, and other serious crimes.

Jurisdiction and Consent

  1. Section 6 of the DSPE Act: This section mandates that the CBI requires the consent of the state government to exercise its powers and jurisdiction within that state. This consent can be either:some text
    • General Consent: Given by the state government for the CBI to investigate cases within the state without requiring specific consent for each case.
    • Specific Consent: Given on a case-by-case basis.
  2. Withdrawal of General Consent: Several states have withdrawn general consent for the CBI to operate within their territories. This means that the CBI now needs specific consent from these states for each case it wants to investigate.

Federal Character and State Consent

The power of states to withhold consent to the CBI is rooted in the federal character of India. It ensures that the central government does not encroach upon the jurisdiction of state governments. However, this power is not absolute due to the following reasons:

  1. Supreme Court and High Court Orders: The judiciary can direct the CBI to investigate a case anywhere in the country without the consent of the state government. This is often done in cases where impartiality and independence are crucial.
  2. Central Government's Power: In certain cases, the central government can authorise the CBI to investigate cases without state consent, especially if the case has inter-state or international ramifications.

Case Studies and Examples

  1. West Bengal: In 2018, West Bengal withdrew general consent for the CBI. However, the Supreme Court directed the CBI to investigate the Saradha chit fund scam in the state, overriding the state's withdrawal of consent.
  2. Andhra Pradesh: Similarly, Andhra Pradesh withdrew general consent in 2018. Despite this, the CBI can still investigate cases in the state if directed by the judiciary.

Conclusion

The power of states to withhold consent to the CBI is a manifestation of India's federal structure, ensuring a balance of power between the central and state governments. However, this power is not absolute and can be overridden by judicial orders or in cases of national importance. This delicate balance ensures that while states have autonomy, the central government can still intervene in matters of significant public interest.

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