Daily Prelims Notes 31 October 2022

October 31, 2022
Posted by: OptimizeIAS Team
Category: DPN

Daily Prelims Notes

31 October 2022

Table Of Contents

1. Demand grows but DNA tests fall under a grey area

Subject: Science & tech

Context: The Supreme Court of India declared that a forced DNA test violates the right to privacy and personal liberty.

Concept:

The decision came in a property dispute, wherein the plaintiff claimed to be the son of late Trilok Gupta and late Sona Devi.
Supreme Court concluded that when a person refuses to take a DNA test, compelling them to do so would violate their personal liberty and right to privacy.
Further, the court stated that if other evidence is available to determine the relationship, DNA tests should not be ordered because they have significant privacy and societal consequences.

About DNA Test

DNA analysis is extremely useful and accurate. DNA analysis can ascertain the identity of a person from his/her DNA sample.
The DNA sample can also establish biological relationships between individuals. For example,
A hair sample or blood stains from clothes taken from a scene of the crime can clearly establish whether the DNA in the sample belongs to the suspected individual or not.
As a result, DNA technology is being increasingly relied upon in investigations of crime, identification of unidentified bodies, or in determining parentage, etc.

How DNA test is performed?

There are two equally accurate ways to test:

Blood tests: Blood samples are collected from the persons for whom DNA test has to be conducted, at a medical office. The facility sends the samples to a lab for analysis.
Cheek swabs: One can swab the inside of their cheeks for buccal (cheek) cells and them mail the cotton swab applicators to a designated lab. If swabbing takes place in a medical setting, the office sends the samples to a lab.

2. Centre restricts use of common weedicide glyphosate

Subject: Environment

Context :The Union Ministry of Agriculture and Farmers Welfare issued a notice restricting the use of glyphosate, a widely used herbicide, citing health hazards for humans and animals. Only authorised Pest Control Operators are allowed to use it.

Concept :

The notification was based on a 2019 report by the Government of Kerala on prohibiting the distribution, sale and use of glyphosate and its derivatives.
Earlier, state governments of Maharashtra, Telangana, Punjab and Andhra Pradesh have tried similar steps but failed.

Use in India

In India, glyphosate has been approved for use only in tea plantations and non-plantation areas accompanying the tea crop. Use of the substance anywhere else is illegal.
However, a 2020 study by PAN India on the state of glyphosate use in the country had worrying findings.
Glyphosate was being used in more than 20 crop fields, it was found
Pesticide Action Network (PAN) India believes stricter action is needed.

Glyphosate

It was developed in 1970, and its scientific name is N-(phosphonomethyl) glycine under the International Union of Pure and Applied Chemistry (IUPAC) system of nomenclature
Its molecular formula is C3H8NO5P
Glyphosate is an active ingredient in weed killer products and is an odourless white
It is applied to the leaves of plants to kill weeds.
It was first registered for use by the United States Environmental Protection Agency in 1974
This herbicide is used in agriculture, forestry on lawns and gardens, and for weeds in industrial areas.

Herbicides

Herbicide is an agent, usually chemical, for killing or inhibiting the growth of unwanted plants, such as residential or agricultural weeds and invasive species.

3. Chhath Pooja

Subject: Art and Culture

Context: The administration in the national capital has put a ban on Chhath Puja festivities in the Yamuna river at Delhi’s ITO ghat.

Concept :

The devotees will be allowed to perform Chhath Puja at articifical ghats created along the banks of the Yamuna by the Delhi government.
Around 1.5 to 2 lakh people are expected to turn up at the ghat for Chhath Puja, raising concerns for the administration.

About Chhath Pooja Festival

Chhath is a Hindu festival dedicated to the Sun godand his wife Usha in order to thank them for bestowing the bounties of life on earth.
The Goddess who is worshipped during the famous Chhath Puja is known as ChhathiMaiya (also known as Usha, wife of the sun god).
The word chhath means sixth and the festival is celebrated on the sixth day of the month Kartika of the Hindu lunar Bikram Sambat calendar.

Rituals:

The festival is observed over a period of four days.
The rituals include holy bathing, fasting, standing in water for long periods of time, and offering prayers and food to the setting and rising sun.
The main worshipers, called Parvaitin, are usually women. However, many men also observe this festival as Chhath is not a gender-specific festival.

Regions:

The festival is observed most elaborately in Mithila Province of Nepal, Terai-Madhesh region of Nepal, Indian states of Bihar, Jharkhand and UP.
It is also more prevalent in areas where migrants from those areas have a presence.

4. Central Power PSEs cannot exercise delegated powers in respect of projects of their subsidiaries

Subject: Economy

Context:

The Department of Public Enterprises (DPE) has said that Maharanta, Navratna, and Miniratna Central Power PSEs cannot exercise delegated powers in respect of projects of their subsidiaries.

Details:

Navratna CPSE – Oil India (OIL) queried whether it can approve the projects of NRL (a subsidiary company of OIL) by exercising the power under the Navratna scheme.
The Department clarified that the Boards of Maharatna, Navratna, and Miniratna CPSEs have been delegated certain financial and operational powers which can be exercised in respect of projects of concerned CPSEs only and not for their subsidiaries.

Concept:

What is Maharatna, Navratna and Miniratna status?

The government has granted enhanced powers to the Boards of profit-making CPSEs under various schemes like Maharatna, Navratna and Miniratna.
They are granted greater autonomy for flexibility in respect of capital expenditure, formation of strategic alliance, formulation of HR policies, raising capital from domestic and international markets etc.

Miniratna scheme

It was introduced in October 1997.
It aims to grant enhanced autonomy and delegation of financial powers to some profit making companies subject to certain eligibility conditions and guidelines to make them efficient and competitive.
These companies, called Miniratnas, are in two categories, namely, Category- I and Category-II.
- Category-I CPSEs should have made profit in the last three years continuously, the pre-tax profit should have been Rs 30 crore or more in at least one of the three years and should have a positive net worth.
- Category-II CPSEs should have made profit for the last three years continuously and should have a positive net worth.
Presently, there are 74 Miniratnas (Airport Authority, Hindustan Copper, HLL Lifecare, Cochin Shipyards, and Chennai Petroleum, among others).
Criteria for grant of Miniratna status to CPSEs:
- Miniratna Category-I status: – The CPSEs which have made profit in the last three years continuously, pre-tax profit is Rs.30 crores or more in at least one of the three years and have a positive net worth are eligible to be considered for grant of Miniratna-I status.
- Miniratna Category-II status: – The CPSEs which have made profit for the last three years continuously and have a positive net worth are eligible to be considered for grant of Miniratna-II status.
A Miniratna category gets the enhanced delegated power provided it has not defaulted in the repayment of loans/interest payments on any loans due to the Government.

Navratna scheme

The government introduced the Navratna scheme in 1997.
Powers and privileges–Similar to Maharatna but with a lower limit in terms of investment made.
- It can make equity investments to establish financial joint ventures and wholly owned subsidiaries in India or abroad and undertake mergers and acquisitions, in India or abroad, subject to a ceiling of 15 percent of the net worth with a ceiling of ₹1,000.
- Capital expenditure
- Investment in joint ventures/subsidiaries
- Mergers & acquisitions
- Human resources management, etc.
Eligibility criteria for grant of Navratna status
- The CPSEs which are Miniratna I, Schedule ‘A’ and have obtained ‘excellent’ or ‘very good’ MOU rating in three of the last five years and
- Have a ‘Composite Score’ of performance to be 60 or above in six identified performance parameters are eligible to be considered for grant of Navratna status.
  - Net Profit to Net worth
  - Manpower Cost to total Cost of Production or Cost of Services
  - PBDIT to Capital employed
  - PBIT to Turnover
  - Earning Per Share
  - Inter Sectoral Performance
There are 13 Navratna( Hindustan Aeronautics Limited, Shipping Corporation, REC, NMDC, and NBCC, among others)

Maharatna scheme

It was introduced in 2010
It aims to empower mega CPSEs to expand their operations and emerge as global giants.
Powers and privileges:
- The Board can make equity investments to undertake financial joint ventures and wholly-owned subsidiaries and undertake mergers and acquisitions in India and abroad, subject to a ceiling of 15 percent of the networth of the concerned CPSE or Rs 5,000 crore (whichever is lower).
- The board can also structure and implement schemes relating to personnel and human resource management and training.
- It can also enter into technology joint ventures or other strategic alliances.
- It can incur capital expenditure on the purchase of new items or for replacement, without any monetary ceiling.
- It is allowed to obtain technology and know-how by purchase or other arrangements.
Eligibility criteria for grant of Maharatna status
- Having Navratna status.
- Listed on Indian stock exchange with minimum prescribed public shareholding under SEBI regulations.
- An average annual turnover of more than Rs 25,000 crore during the last three years.
- An average annual net worth of more than Rs 15,000 crore during the last three years.
- An average annual net profit after tax of more than Rs 5,000 crore during the last three years.
- Should have significant global presence/international operations.
- It can raise debt from the domestic capital markets and from the international market, the latter being subject to the approval of RBI/Department of Economic Affairs.
There are 11 Maharatnas ( NTPC, GAIL, ONGC, BHEL, and IOC, among others)

5. Zero defect

Why in the news?

The finance ministry has advised banks to support ZED-certified MSMEs

Details:

The incentives that lenders are being advised to extend include concessional credit, lower loan processing fees and any other benefit that they deem appropriate.
Lenders to ensure complete integration of the ZED portal with banks’s online portal

Concept:

MSMEs account for about 40% of the country’s exports, 6% of the manufacturing GDP and almost 25% of the services GDP.

ZED (zero defect, zero effect) certification

It is granted by the MSME ministry to those eligible units that comply with certain sustainability standards to not harm the environment.
Objectives:
- The ZED Certification envisages promotion of Zero Defect Zero Effect (ZED) practices amongst MSMEs.
Components:
- Industry Awareness Programmes/Workshop: MSMEs will be made aware of the MSME Sustainable (ZED) Certification.
- Training Programmes: on the MSME Sustainable (ZED) Certification to enable an effective implementation by partners
- Assessment & Certification
- Handholding: MSMEs will be provided handholding to help them achieve higher ZED Certification levels.
- Benefits/Incentives: Graded incentives will be announced by the Ministry of MSME for MSMEs so as to motivate them to achieve higher ZED Certification levels.
- PR campaign, Advertising & Brand Promotion
- Digital Platform: Certification process will be e-enabled through a single window digital platform.
MSME Sustainable (ZED) Certification can be attained in THREE Levels after registering and taking the ZED Pledge
- Certification Level 1: BRONZE
- Certification Level 2: SILVER
- Certification Level 3: GOLD
MSME can apply for any Certification Level if it feels that it can fulfill the requirements mentioned in each
The intent of taking a ZED Pledge is to take a “pre-commitment” or a solemn promise by MSMEs to uphold the values of Zero Defect Zero Effect in their practices and to urge them to move ahead on the journey of ZED.
Eligibility-All MSMEs registered with the UDYAM registration portal (of the MoMSME)
Subsidy:
- Under the Scheme, MSMEs get subsidy as per the following structure, on the cost of ZED certification:
  - Micro Enterprises: 80%
  - Small Enterprises: 60%
  - Medium Enterprises: 50%
- A provision of up to Rs. 5 lakhs (per MSME) will be made available for handholding and consultancy support for MSMEs under ZED Certification for assisting them to move towards Zero Defect Zero Effect solutions.
- The MSMEs can also avail themselves of several other incentives offered for ZED Certification by States & UTs, Financial Institutions etc. and can also apply for free Certification under the MSME KAWACH (COVID-19 Support) initiative.

6. Budget spending in FY23 to exceed BE by Rs 2 trillion

Subject: Economy

Details:

Extra expenditure will be funded through additional tax revenue receipts, while keeping the fiscal deficit within the targeted level of 6.4% of the Gross Domestic Product (GDP) and below 4.5% by FY26
Budget estimate (BE)- Rs 39.5 trillion of expenditure for FY23.
Additional expenditure on:
- 2.6 trillion on food, fertilisers and fuel subsidies to insulate people from elevated global commodity prices (expected to increase further).
Reduction on expenditure estimated around Rs 70,000-80,000 crore from:
- Central sponsored schemes and central sector schemes as the government has tightened the rules for the release of funds and linked them to either utilisation or return of the unspent funds.
- grants for urban local bodies as many have not undertaken the mandatory reforms
- grants for the health sector as infrastructure creation is taking time.
Revenue-tax revenues are expected to rise while non-tax revenue might fall.
Total expenditure contracted by 3% in August 2022 as revenue expenditure declined by 4% whereas capital expenditure displayed a marginal rise of 1%.

Concept:

Components of the Budget: There are three major components—expenditure, receipts and deficit indicators.

Expenditure

Capital expenditure is incurred with the purpose of increasing assets of a durable nature or of reducing recurring liabilities.All these are classified as capital expenditure as they lead to creation of new assets.
- It consists of: (i) the long-term investments by the government on creating assets such as roads and hospitals, and (ii) the money given by the government in the form of loans to states or repayment of its borrowings.
Revenue expenditure involves any expenditure that does not add to assets or reduce liabilities.
- Expenditure on the payment of wages and salaries, subsidies or interest payments would be typically classified as revenue expenditure.

Receipts

The receipts of the Government have three components —revenue receipts, non-debt capital receipts and debt-creating capital receipts.

Revenue receipts involve receipts that are not associated with increase in liabilities and comprise revenue from taxes and non-tax sources.
- Non-tax revenue consists mainly of interest receipts on loans to States and UnionTerritories, dividends and profits from Public Sector Enterprises including surplus of Reserve Bank of India transferred to Government of India, and external grants and receipts for services provided by the Central Government. These services include fiscal services like currency, coinage and mint, general services such as Public Service Commission and police, social services like education and health, and economic services like irrigation, transportation and communication.
Non-debt receipts are part of capital receipts that do not generate additional liabilities.
- Recovery of loans and proceeds from disinvestments would be regarded as non-debt receipts since generating revenue from these sources does not directly increase liabilities, or future payment commitments.
Debt-creating capital receipts are ones that involve higher liabilities and future payment commitments of the Government.

Deficits

Fiscal deficit by definition is the difference between total expenditure and the sum of revenue receipts and non-debt receipts. It indicates how much the Government is spending in net terms.Since positive fiscal deficits indicate the amount of expenditure over and above revenue and non-debt receipts, it needs to be financed by a debt-creating capital receipt.
Primary deficit is the difference between fiscal deficit and interest payments.
Revenue deficit is derived by deducting capital expenditure from fiscal deficits.

7. Muscow pull out from Ukraine grain export

Subject: International relations

Context:

Recently Russia has suspended participation in a UN-brokered deal to export agricultural produce from Ukrainian ports following attacks on ships in Crimea.
What was the deal about:
- The deal was agreed through UN and Turkish mediation.
- It established safe corridors along which Ukrainian ships can come in and out of three designated Black Sea ports in and around Odessa.
- Both sides also pledged not to attack ships on the way in or out
Why was the grain export deal signed:
- Ukraine is one of the world’s largest exporters of wheat, corn and sunflower oil, but Russia’s invasion of the country and naval blockade of its ports had halted shipments and had caused the food shortage in the world.
Why was the deal cancelled:
- The deal was cancelled after Russia alleged Ukrainian forces for the attack on the ships from the Black Sea Fleet in Sevastopol, the biggest city in Russian-annexed Crimea.

8. NCERT proposal for PARAKH

Subject: Polity

Context:

Recently, the three global educational non-profits —Educational Testing Services (ETS), American Institutes for Research (AIR) and the Australian Council for Educational Research(ACER) approached the National Council of Educational Research and Training (NCERT) to set up the proposed regulator PARAKH.

What is PARAKH:

PARAKH stands for Performance Assessment, Review, and Analysis of Knowledge for Holistic Development.
PARAKH will act as a constituent unit of the NCERT.
It will act as a regulator to oversee the process and conduct periodic tests like the National Achievement Survey (NAS) and State Achievement Surveys.
PARAKH will manage India’s participation in international assessments such as the Program for International Student Assessment (PISA), Trends in International Mathematics and Science Study (TIMSS) and Progress in International Reading Literacy Study (PIRLS)
It will be setting norms, standards and guidelines for student assessment and evaluation for all recognised school boards of India, encouraging and helping school boards to shift their assessment patterns towards meeting the skill requirements of the 21st century.
PARAKH team will consist of leading assessment experts with a deep understanding of the education system in India and internationally.
It will eventually become the national single-window source for all assessment-related information and expertise, with a mandate to support learning assessment in all forms, both nationally and where applicable, internationally.

What are the interest of Global bodies in the regulator:

Educational Testing Services (ETS), American Institutes for Research (AIR) and the Australian Council for Educational Research (ACER) have expressed interest in assisting with the establishment of India’s first national school-level testing and assessment regulator PARAKH.
While ETS is well-known for conducting the TOEFL and GRE, which are gateways to admission in the top universities of the world, AIR and ACER are well-known for conducting research on behavioural and social science
Once chosen, the agency will
- Assist the PARAKH team in incorporating international evidence to develop evaluation processes in India to meet Covid-19 and other pandemic circumstances.
- Will provide technical guidelines and advice to boards for designing, developing and implementing state-wide methods for measuring student learning that are consistent with state and national curricular standards.
- Will also support examination boards with novel assessment patterns, evaluation processes and practices, result calculation and compilation, post-result practices and the recent research.

9. SC to hear pleas challenging validity of CAA

Subject: Polity

Context:

The Supreme Court was about to hear on the batch of petitions challenging the Citizenship (Amendment) Act (CAA) 2019.
The bench of Chief Justice of India UU Lalit and Justices S Ravindra Bhat and Bela M Trivedi will hear the plea.
What is the issue:
- At least 220 petitions against the CAA were filed before the top court challenging the Act.
- In 2020, the Kerala government was the first state to challenge the CAA and also filed a suit in the apex court.
- The amendments had also been challenged on several other grounds, including violation of secularism, Articles 21 (right to life), 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 19 (right to freedom) as well as provisions on citizenship and constitutional morality.
What is center response:
- The Centre in its affidavit before the apex court has said that the CAA Act is a “benign piece of legislation” which does not affect the “legal, democratic or secular rights” of any of the Indian Citizens.
- The CAA does not violate any fundamental right.
- Moreover the center also termed the legislation legal and asserted that there was no question of it violating constitutional morality.

10. SC agree to hear plea against first amendment of constitution

Subject : Polity

Context:

Recently, the Supreme Court has agreed to view the plea challenging the Constitutionality of the First amendment Act, 1951 which had put the reasonable restrictions under clause(2) of Article 19 (a) of Freedom of Speech and Expression.

What was the 1st Amendment Act, 1951:

It empowered the state to make special provisions for the advancement of socially and economically backward classes.
It also provided for the saving of laws providing for the acquisition of estates, etc.and added Ninth Schedule to protect the land reforms and other laws included in it from judicial review.
It also added three more grounds for restrictions on freedom of speech and expression i.epublic order, friendly relations with foreign states, and incitement to an offense. Also, it made the restrictions ‘reasonable’ and thus, justiciable in nature.
It provided that state trading and nationalization of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business.

What was the reasons behind Amendment:

To remove certain practical difficulties created by the court’s decision in several cases such as the Kameshwar Singh Case, Romesh Thapar Case, etc.
Also for the issues involved in the cases like freedom of speech, acquisition of the Zamindari land, State monopoly of trade, etc

What are the arguments against this Amendment:

According to the petitioners, it contains two objectionable insertions allowing restrictions in the interest of public order and in relation to incitement to an offense.
The new Clause (2) also omitted the expression “tends to overthrow the State” as appeared in the original Clause (2).
These two insertions protect Sections 124A i.e sedition, 153A e promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., by words, either spoken or written or by signs or by visible representations or otherwise and doing acts prejudicial to maintenance of harmony, 295Ai.e deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs and 505 i.estatements conducing to public mischief of the Indian Penal Code and hence are unconstitutional.
The amendment also neglects national security by dropping the expression ‘tends to overthrow the State’ which raises grave concern in the context of the dangers posed to the concept of the secular democratic republic by radicalism, terrorism, and religious fundamentalism.

11. The extra-constitutional delusions of Raj Bhavan

Subject: Polity

Context:

Kerala Governor Arif Mohammed Khan and the State government have major differences over multiple issues.
The latest controversy has arisen after he sought the resignation of several vice-chancellors following a Supreme Court judgment setting aside the appointment of the Vice-Chancellor of a technology university.
As a fallout of comments made by the State’s Finance Minister, K. N. Balagopal, the Governor has also sought his dismissal from his Cabinet, declaring that he has withdrawn the pleasure of having him in the Council of Ministers
This has led to the debates over using the ‘Doctrine of Pleasure’ for appointment and dismissal of Vice-Chancellor of Universities by the Governor of the State as Chancellor of all the State Universities.

What is the Doctrine of Pleasure:

The pleasure doctrine is a concept derived from English common law, under which the crown can dispense with the services of anyone in its employ at any time.

What is the Governor’s office colonial origin:

The Government of India Act, 1858 situated the post of Governor under the supervision of the Governor General.
As per the subsequently promulgated Government of India Act, 1935, Governors were to act based on the advice of the provincial Government.

What are the constitutional power of the Governor:

Article 163: There shall be a council of ministers with the chief minister as the head to aid and advise the governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion.
Article 164: The chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.
Article 174: The Governor can also summon, prorogue, and dissolve the Legislative Assembly. By convention, he does this on the advice of the Council of Ministers while they enjoy the confidence of the Assembly.
Article 200: Every Bill passed in an Assembly has to be sent to the Governor, after which he has four options
- To assent to the Bill,
- Withhold assent,
- Reserve the Bill for the consideration of the President
- Return the Bill to the legislature, asking it to reconsider the Bill or an aspect of it. The Governor can also suggest an amendment to the Bill.

Does the Governor have Power to use pleasure doctrine:

Under Article 164, the Chief Minister is appointed by the Governor and the other Ministers are appointed by the Governor on the CM’s advice. It adds that Ministers hold office at the pleasure of the Governor.
In a constitutional scheme in which they are appointed solely on the CM’s advice, the ‘pleasure’ referred to is also taken to mean the right of the Chief Minister to dismiss a Minister and not that of the Governor.
In short, the Governor of an Indian State cannot remove a Minister on his own.

12. Printing of the Electoral Bond

Subject: Polity

Context:

According to two Right to Information replies from State Bank of India it has come to notice that the Union government has printed 10,000 electoral bonds worth Rs1 crore each sometime between August1 and October29

What is Electoral Bond:

Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.

What are the features of Electoral Bonds Scheme:

A person being an individual can buy Electoral Bonds, either singly or jointly with other individuals.
The bonds are like banknotes that are payable to the bearer on demand and are interest-free.
Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 and which secured not less than one percent of the votes polled in the last General Election to the House of the People or the Legislative Assembly of the State, shall be eligible to receive the Electoral Bonds.

What is the procedure to purchase the electoral bond:

The State Bank of India has been authorised to issue and encash Electoral Bonds through its 29 Authorized Branches.
The bonds are sold by the SBI in denominations of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh and Rs 1 crore.
One can purchase these bonds only digitally or through cheques.
The Electoral Bonds can be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
The Electoral Bond deposited by an eligible Political Party in its account is credited on the same day.

Electoral Bonds shall be valid for fifteen calendar days from the date of issue and no payment is being made to any payee Political Party if the Electoral Bond is deposited after expiry of the validity period.

13. Telangana withdraws general consent to CBI, Additional AG informs high court

Subject :Polity

Context: The Telangana government has withdrawn the general consent given to the Central Bureau of Investigation (CBI) to probe cases in the state.

The CBI is governed by the Delhi Special Police Establishment Act (DPSEA). This law makes the CBI a special wing of Delhi Police and thus its original jurisdiction is limited to Delhi.

General Consent

The CBI needs consent of the state government in whose territorial jurisdiction, the CBI has to conduct an investigation (unlike NIA which enjoys All-India jurisdiction).
Section 6 of the DPSE Act authorizes the central government to direct CBI to probe a case within the jurisdiction of any state on the recommendation of the concerned state government.
However, the courts (SC and HC) can also order a CBI probe, and even monitor the progress of investigation in which case it won’t need states consent.
However even after withdrawal of the general consent The CBI continues to probe in old cases until specifically taken back by the state government. Further, it continues to investigate cases that were given to it by a court order.
When a state gives a general consent to the CBI for probing a case, the agency is not required to seek fresh permission every time it enters that state in connection with investigation or for every case.
If the general consent is withdrawn CBI needs to seek case-wise consent for investigation from the concerned state government. If specific consent is not granted, the CBI officials will not have the power of police personnel when they enter that state.
In case of lack of general consent, the CBI can approach a local court for a search warrant and conduct investigation.

Has the agency’s job been affected?

The withdrawal of general consent does not affect pending investigation (KaziLendhupDorji v. CBI, 1994) or the cases registered in another State in relation to which investigation leads into the territory of the State which has withdrawn general consent; nor does the withdrawal circumscribe the power of the jurisdictional High Court to order a CBI investigation.
However, without the States’ general consent, the CBI offices get disrobed of their general status as Police Stations.
In other words, the CBI gets handcuffed by the State governments with its freedom of action available only in the aforesaid occasions and in cases in which such a State gives specific consent in relation to an offence to be investigated.

What does the law say?

According to Section 6 of the Delhi Special Police Establishment Act of 1946 under which the CBI functions, the State’s consent is required to extend CBI investigation beyond Union Territories.
The general consent given by the States enables the CBI to investigate corruption charges freely, as “police” is Entry 2 in the State List under the Seventh Schedule of the Constitution.
The legal foundation of the CBI has been construed to be based on Entry 80 of the Union List which provides for the extension of powers of the police force belonging to one State to any area in another State but not without its permission.
In the Advance Insurance Co. Ltd case, 1970, a Constitution Bench held that the definition of “State”, as contained in The General Clauses Act, includes Union Territories as well and hence the CBI, being a force constituted for Union Territories as recognised under the Delhi Special Police Establishment Act of 1946, can conduct investigation into the territories of the States only with their consent.
The United Nations Convention against Corruption to which India is a signatory also requires firm impartial steps to combat corruption at all levels