Central Bureau of Investigation (CBI): Basic Role

• The CBI is India’s premier central agency for investigating corruption, economic offences, and other complex crimes.
• Its foundational legal authority flows from the Delhi Special Police Establishment (DSPE) Act, 1946.

Why CBI Needs State Consent

• “Police” and “Public Order” fall under the State List (List II, Seventh Schedule).
• CBI is not a statutory police force with automatic jurisdiction inside states.
• Under Section 6 of the DSPE Act, CBI must obtain the consent of the State government before exercising powers inside that state.
• Unlike the CBI, the National Investigation Agency (NIA) has nationwide jurisdiction under the NIA Act, 2008.

Types of Consent Under DSPE Act

General Consent

• A standing approval given by a state allowing CBI to investigate cases without seeking case-wise permission.
• Mainly used for investigating corruption involving Central Government employees posted in states.
• Ensures continuous, seamless functioning.

Case-Specific Consent

• Required when a state has withdrawn general consent.
• CBI must approach the state government for clearance in every individual case.
• No new FIR can be registered without consent.

Why States Withdraw General Consent

• Centre–State friction over federal autonomy.
• Allegations of political misuse of investigative agencies.
• Desire to assert control over state policing powers.

Impact of Withdrawing General Consent

• CBI cannot register fresh cases in the state against individuals or officials without formal approval.
• However:
  • Investigations in pre-existing cases can continue.
  • Supreme Court or High Court can still direct the CBI to investigate anywhere in India.
• Practical delays occur in anti-corruption and economic offence probes.

Important Case Laws Regarding CBI & State Consent

State of West Bengal vs Committee for Protection of Democratic Rights (CPDR), 2010 (SC)

• Landmark judgment clarifying CBI’s jurisdiction.
• Key points:
  • SC and High Courts have the constitutional power (Articles 32 & 226) to order CBI investigations without needing state consent.
  • Judicial directions override DSPE Act’s consent requirement.
• Strengthened the power of constitutional courts in ensuring fair investigation.

Kartar Singh vs State of Punjab (1994)

• Though not directly about the CBI, the SC reiterated the principle that investigative powers of the Union cannot encroach on state police powers unless authorised by law.
• Supports the federal structure underlying DSPE Act consent.

CBI vs State of Rajasthan (2017)

• SC held that once a state grants general consent, the CBI can take up cases arising during the period of consent, and later withdrawal does not affect already registered cases.
• Confirms prospective, not retrospective, effect of withdrawing consent.

Lalita Kumari vs Government of UP (2014)

• Mandates compulsory registration of FIR in cognisable offences.
• Relevant because if CBI receives information about a cognisable offence in a state with general consent, it must register an FIR.

General Principle from Case Law

• Courts > States > DSPE Act hierarchy in terms of investigative directions.
• Judicial orders remain the strongest authority for CBI investigations.

Purpose of General Consent in Federal Structure

• Designed to allow the CBI to check corruption among Central Government staff working in states.
• Helps maintain cooperative federalism.
• Ensures central anti-corruption and economic crime investigations are not disrupted.