Karnataka joins many non-BJP ruled States in withdrawing general consent for the CBI in recent years.
More on the news
- Cabinet decision came amid calls for a CBI investigation against Chief the alleged irregularities in allotment of 14 MUDA (Mysore Urban Development Authority) sites to Chief Minister Siddaramaiah’s wife.
Power of CBI
- CBI derives its authority from the Delhi Special Police Establishment (DSPE) Act, 1946
- Provisions of DSPE Act: Primarily apply to the Union Territories and are extended to the states only with their consent.
- Section 6 of DSPE Act : CBI needs the consent from the respective state government for conducting investigation in its jurisdiction.
- No need of Consent: Supreme Court and High Courts can order CBI to investigate such a crime anywhere in the country without the consent of the State
- Limited Jurisdiction: CBI’s position is different from the National Investigation Agency (NIA)
- NIA is governed by The NIA Act, 2008, and has jurisdiction all over the country.
- Legal foundation of the CBI is based on Entry 80 of the Union List :Allowing the extension of police powers to other States with their permission.
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Consent for CBI
- Types of Consent: Consent given by a state government can come in two forms; Case-specific OR ‘General’
- General consent : Allows the CBI to operate seamlessly within states.
- With General Consent CBI is not required to seek fresh permission every time it enters that state in connection with investigation or for every case.
- Case Specific Consent: After Withdrawal of general consent CBI must obtain Case Specific consent to investigate in any case.
Implications of Withdrawing General Consent
- Impact on power of CBI: CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.
- As ‘Police’ is Entry 2 in the State List under the Seventh Schedule of the Constitution.
- Fresh Investigations: The CBI cannot initiate new investigations within states that have withdrawn consent unless they get state approval.
- Ongoing Cases: The agency can continue investigating cases registered before consent was withdrawn.
Recent Withdrawal of General Consent and reasons
- Mizoram: First state post Modi led government in 2014 to withdraw general consent for CBI in 2015 during Congress rule. It was restored in December 2023 under the current government led by Chief Minister Lalduhoma.
- West Bengal: Withdrew general consent in November 2018 under Mamata Banerjee. The CM accused the BJP of using the CBI for political vendetta.
- Andhra Pradesh: N Chandrababu Naidu’s TDP government withdrew general consent in 2018 as a political move against alleged misuse of CBI by the central government. Y S Jagan Mohan Reddy’s government restored consent in 2019.
- Allegations Against Central Government: States alleged that the central government was misusing the CBI to unfairly target opposition-ruled states and leaders.
- Supreme Court Concern: In November 2021, the Supreme Court expressed concern after the CBI reported that around 150 requests for sanction to investigate had been pending since 2018 in states that had withdrawn general consent.
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September 27, 2024
