The Central Bureau of Investigation (CBI) is recognized as India’s premier investigative agency, established under the Delhi Special Police Establishment (DSPE) Act of 1946. It is tasked with investigating a variety of cases, including corruption, economic offenses, and other special crimes.
The CBI operates under the superintendence of the Union government. For cases that fall under the DSPE Act, the Union government plays a crucial role. However, cases involving the Prevention of Corruption Act are supervised by the Central Vigilance Commission. This structure means that the establishment, exercise of powers, and jurisdiction of the CBI are primarily governed by the Government of India.
According to Section 6 of the DSPE Act, the CBI must obtain consent from the respective State government to initiate investigations within that State's jurisdiction. This requirement is due to the classification of "police" and "public order" as State subjects, as outlined in the Constitution’s seventh schedule. However, no consent is required for investigations in Union territories or railway areas.
Several States, including Chhattisgarh, Jharkhand, Kerala, Mizoram, Punjab, Rajasthan, Telangana, Meghalaya, and West Bengal, have revoked their general consent. This action is often taken due to concerns about the misuse of the CBI by the Centre to target Opposition parties. Without this general consent, the CBI cannot register new cases in these States without explicit permission from the State government.
A notable legal battle arose when the West Bengal government filed a suit against the Union government, claiming that the Centre was overreaching by utilizing the CBI to investigate cases despite the State’s withdrawal of consent. The Supreme Court upheld the suit's maintainability, rejecting the Centre’s argument that it did not control the CBI. A follow-up hearing is scheduled for August 13.
The ability of the CBI to initiate investigations in States that have revoked consent poses significant challenges to the federal structure of India. If the CBI is allowed to register cases independently, it could effectively gain powers comparable to those of State police forces, thereby disrupting the balance of federalism.
In a related matter, the Supreme Court is currently reviewing a case involving an Enforcement Directorate officer and the State’s Directorate of Vigilance and Anti-Corruption. This indicates that broader judicial oversight may be necessary in addressing such issues.
Q1. What is the role of the CBI in India?
Answer: The CBI serves as India's premier investigative agency, handling cases related to corruption, economic offenses, and special crimes, operating under the Union government's oversight.
Q2. Why do States need to give consent for CBI investigations?
Answer: States must provide consent because "police" and "public order" fall under State jurisdiction, as defined by the Constitution, ensuring local governance is respected.
Q3. What are the implications of revoking CBI consent?
Answer: Revoking consent limits the CBI's ability to initiate new cases, potentially leading to conflicts between the Centre and States and affecting federal relationships.
Q4. What was the Supreme Court's ruling in the West Bengal case?
Answer: The Supreme Court upheld the maintainability of West Bengal's lawsuit against the Centre, affirming that the CBI's control is subject to State consent.
Q5. How does the CBI affect federalism in India?
Answer: The CBI's operations in States that have withdrawn consent can challenge State autonomy, raising concerns about the balance of power within India's federal structure.
Question 1: What year was the CBI established?
A) 1946
B) 1950
C) 1960
D) 1975
Correct Answer: A
Question 2: Which act governs the CBI's establishment and operations?
A) Prevention of Corruption Act
B) Delhi Special Police Establishment Act
C) Criminal Procedure Code
D) Indian Penal Code
Correct Answer: B
Question 3: Which commission supervises the CBI in corruption cases?
A) Central Vigilance Commission
B) National Human Rights Commission
C) Election Commission
D) Finance Commission
Correct Answer: A
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