Subject: Indian Polity

The recent Supreme Court ruling (2025) on CBI's jurisdiction highlights the complex interplay between federal investigative powers and state autonomy in India's constitutional framework. The debate over CBI's jurisdiction reflects the evolving nature of cooperative federalism in our country.

Legal Framework and Constitutional Position

• The Delhi Special Police Establishment (DSPE) Act, 1946 requires state government consent for CBI investigations, reflecting the federal principle of separation of powers.
• Under Article 246 of the Constitution, law and order is a state subject, making state consent necessary for CBI operations within their territory.
• The Supreme Court's 2025 judgment clarified that CBI doesn't need fresh state consent to investigate central government employees for offenses under central laws.

State's Power to Withhold Consent

• Several states have withdrawn general consent for CBI investigations, exercising their constitutional right under the DSPE Act.
• This withdrawal requires CBI to seek case-specific consent before initiating investigations within state territories.
• States often cite concerns of political misuse and protection of federal structure as reasons for withdrawal.

Limitations on State's Power

• The power to withhold consent is not absolute due to following factors:
  • Constitutional Courts can direct CBI investigations without state consent.
  • Cases involving central government employees and offenses under central laws don't require state consent.
  • Inter-state crimes and matters of national importance can override state restrictions.

Impact on Federal Character

• The current system represents a balance between:
  • State autonomy in law enforcement matters.
  • Central government's responsibility to investigate cases of national importance.
• The framework ensures:
  • Protection against potential misuse of central investigative agencies.
  • Preservation of states' constitutional rights under Article 246.
  • Maintenance of cooperative federalism through mutual consultation.

India's federal structure demands a delicate balance between central investigative powers and state autonomy. The recent judicial interpretations, particularly the 2025 Supreme Court judgment, have provided clarity while respecting both constitutional federalism and the need for effective investigation of serious crimes.