2021 GS2 Answer

Q. 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 States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.

Question from UPSC Mains 2021 GS2 Paper

Model Answer: 

CBI Jurisdiction, State Consent, and Federal Character of India

The Central Bureau of Investigation (CBI), India’s premier investigative agency, has recently faced challenges regarding its jurisdiction in various states. This controversy stems from the requirement of state consent for CBI investigations under the Delhi Special Police Establishment Act, 1946.

CBI Jurisdiction and State Consent:

• CBI’s authority is derived from the DSPE Act, 1946
• Section 6 of the Act requires state government consent for CBI investigations
• Several states (e.g., West Bengal, Maharashtra) have withdrawn general consent

Reasons for Questioning CBI’s Jurisdiction:
• Concerns about misuse of central agencies for political purposes
• Perceived interference in state matters and federal structure
• Allegations of selective investigations (e.g., opposition-ruled states)

Limitations on States’ Power to Withhold Consent:

Despite states’ ability to withhold consent, this power is not absolute. CBI can still investigate in certain scenarios:

1. Supreme Court or High Court ordered investigations
• Overrides requirement for state consent
• Ensures investigation of serious crimes and corruption

2. Cases transferred by one state to another through Section 6 of DSPE Act
• Allows for inter-state coordination
• Useful in cases spanning multiple jurisdictions

3. Matters concerning central government employees or Union Territories
• Falls under direct purview of CBI
• No state consent required

Federal Character and CBI Jurisdiction:

India’s federal structure necessitates a delicate balance between central authority and state autonomy. The CBI jurisdiction issue highlights this tension:

• States argue for preserving their law and order powers
• Center emphasizes need for a national agency to tackle serious crimes
• Balancing act required to maintain cooperative federalism

The CBI jurisdiction debate reflects broader challenges in India’s federal system:

• Distribution of power between center and states
• Need for cooperation in law enforcement
• Importance of checks and balances in a diverse democracy

Conclusion: A balanced approach respecting federal principles and ensuring effective investigation of serious crimes is crucial for resolving the CBI jurisdiction debate.

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