Answer: 

Introduction:

The Central Bureau of Investigation (CBI) is India’s premier investigating agency, responsible for investigating high-profile cases related to corruption, economic offenses, and other serious crimes. It operates under the jurisdiction of the Ministry of Personnel, Public Grievances, and Pensions.

Body:

The jurisdiction of the CBI within a particular state has often been a matter of debate, especially when it comes to lodging a First Information Report (FIR) and conducting investigations.

• India follows a federal structure, as per the Constitution of India, with a clear division of powers between the central government and the state governments.
• This division of power is primarily divided into three lists – the Union List, the State List, and the Concurrent List.
• The Union List consists of subjects on which only the central government can legislate, while the State List consists of subjects on which only the state governments can legislate. The Concurrent List contains subjects on which both central and state governments can legislate.
• The issue of CBI jurisdiction arises because the subject of ‘police’ falls under the State List (Entry 2, List II, Seventh Schedule). Thus, the state governments have the primary responsibility for maintaining law and order within their territories, including investigation and prosecution of criminal cases.

However, the power of states to withhold consent to the CBI is not absolute. There are specific situations where the CBI can exercise jurisdiction within a state:

• Consent of the concerned state: If the state government gives its consent to the CBI, the agency can investigate cases within the state. This consent can either be general (covering all cases) or specific (limited to a particular case). States may also withdraw their general consent at any time, effectively limiting the CBI’s jurisdiction within their territory.
• High Court or Supreme Court orders: The High Court or the Supreme Court can direct the CBI to investigate a case within a state, even if the state government has not granted consent. In such instances, the CBI’s jurisdiction is legally established, and the state government has no power to withhold consent.
• Cases involving central government employees or agencies: The CBI can investigate cases involving central government employees, central government agencies, or offenses committed on central government property, even if the concerned state government has not granted consent. This is because such cases fall under the jurisdiction of the central government.
• Cases with inter-state or international ramifications: If a case has inter-state or international ramifications, the central government can ask the CBI to investigate the case, overriding the state government’s objections.

Conclusion:

While the federal character of India allows states to exercise their power in matters related to law and order, the CBI’s jurisdiction is not entirely curtailed. Specific situations, as mentioned above, grant the CBI the necessary authority to conduct investigations within a state, ensuring that justice is served, and the rule of law is maintained throughout the country.

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