Question #
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.
Answer by Chad #
In the federal structure of India, the distribution of powers between the central government and the state governments is clearly defined. The Central Bureau of Investigation (CBI) is an investigative agency that operates at the central level and has jurisdiction to investigate crimes that fall under specific federal laws, or if mandated by the court, across state boundaries.
The power of the states to withhold consent to the CBI is not absolute. This is because the CBI is primarily a central agency established under the Delhi Special Police Establishment (DSPE) Act, 1946, which empowers the agency to investigate crimes against the central government, offenses with inter-state ramifications, and certain international crimes.
Under this act, the central government has the power to extend the jurisdiction of the CBI to any state or area, but it cannot go beyond the areas specified by the central government. It means that the CBI requires the consent of the state government or a notification from the central government to exercise jurisdiction within a particular state.
However, if a case involves a federal law, crimes committed across state boundaries, or if the court orders a CBI probe, the agency can investigate without the state government's consent. This provision ensures that in cases where the state government might have a conflict of interest or is unable to impartially investigate an offense, the CBI can step in to ensure a fair and independent investigation.
The federal character of India envisions a cooperative and collaborative relationship between the central and state governments. The CBI's jurisdiction is designed to strike a balance between central oversight and state autonomy. While the consent of the state government is sought in most cases, it is not an absolute veto power that can impede the central agency from investigating cases falling under its jurisdiction.
Overall, the consent requirement provides checks and balances to ensure both the central and state governments are involved in the decision-making process, while also allowing the CBI to function effectively in maintaining the federal structure and upholding the rule of law.