GENERAL CONSENT FOR CBI

GENERAL CONSENT FOR CBI

TOPIC: Polity

Context- Nine states including Meghalaya have withdrawn general consent to the CBI, which means the agency must seek the permission of the state govt before it can open a fresh case in the state.

Concept-

What is general consent?

• The CBI is governed by The Delhi Special Police Establishment (DSPE) Act, 1946, and it must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state under Section 6 of The DSPE Act.
• The CBI’s position is in this respect different from that of the National Investigation Agency (NIA), which is governed by The NIA Act, 2008, and has jurisdiction across the country.
• The consent of the state government to CBI can be either case-specific or general.
• General consent is normally given by states to help the CBI in seamless investigation of cases of corruption against central government employees in their states. This is consent by default, in the absence of which the CBI would have to apply to the state government in every case, and before taking even small actions.
• CBI can suo-moto take up investigation of offences only in the Union Territories.

Which states have withdrawn consent, and why?

• Traditionally, almost all states have given CBI general consent. However, since 2015 onward, several states have begun to act differently.
• Nine states that have withdrawn consent to the CBI:
  • Meghalaya
  • Maharashtra,
  • Punjab,
  • Rajasthan,
  • West Bengal,
  • Jharkhand,
  • Chhattisgarh,
  • Kerala, and
  • Mizoram

What does the withdrawal of general consent mean?

• It means the CBI will not be able to register any fresh case involving officials of the central government or a private person in the state without the consent of the state government.
• CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.
• In Vinay Mishra vs the CBI, the Calcutta HC ruled that withdrawal of consent would apply in cases where exclusively employees of the state government were involved.

About CBI:

• Central Bureau of Investigation (CBI) is the premier investigating police agency in India.
• In 1963, the CBI was established by the Government of India with a view to investigate serious crimes related to defence of India, corruption in high places, serious fraud, cheating and embezzlement and social crime, particularly of hoarding, black-marketing and profiteering in essential commodities, having all-India and inter-state ramifications.
• CBI derives power to investigate from the Delhi Special Police Establishment Act, 1946.
• It functions under the superintendence of the Department of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India, which falls under the prime minister’s office.
• However for investigations of offences under the Prevention of Corruption Act, its superintendence vests with the Central Vigilance Commission.
• It is also the nodal police agency in India which coordinates investigation on behalf of Interpol Member countries.