CONSENT ON CBI
INVESTIGATION - POLITY
News: The Supreme Court verdict on West Bengal’s challenge to CBI probes |
Explained
What's 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.
Key takeaways:
●
In November 2018, the West Bengal government withdrew its "general consent"
that allowed the CBI to conduct investigations within the state.
●
However, the CBI continued to register FIRs and
conduct investigations in West Bengal, leading the state government to file an
original suit in the Supreme Court under Article 131 of the Constitution.
●
The suit accused the Union government of
"constitutional overreach" by allowing the CBI to operate in West
Bengal despite the withdrawal of general consent.
Key Highlights of the
Verdict:
●
Solicitor-General Tushar Mehta argued the CBI's
independence from the Union government, but the Supreme Court pointed to the
DSPE Act's provisions.
●
It highlighted the Act's requirement for Central
government control over CBI's establishment and administration, except for
cases under the Prevention of Corruption Act, which the CVC oversees.
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.
Consent for CBI Cases:
There are two types of consent such as
●
General Consent:
○
When a state gives general consent, the CBI does
not need to seek permission for every case.
●
Specific Consent:
○
If the general consent is withdrawn, the CBI needs
to seek specific case-by-case consent from the state.
States Which Withdrawn
their General Consent:
●
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.
Exceptions:
●
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.