Tamil Nadu withdraws general consent for CBI within State
· The DMK-led government
in Tamil
Nadu announced that it has
withdrawn the general consent given to the Central Bureau of Investigation
(CBI), under Section 6 of the Delhi
Special Police Establishment (DSPE) Act, allowing the agency to investigate
cases without its permission in the State. The move came on the day when its
Electricity Minister V. Senthilbalaji was arrested by another central
agency, the Enforcement Directorate
(ED).
· “The CBI should henceforth seek prior permission
from the Tamil Nadu government for undertaking investigation,” said an
official release from the State government.
· In March this year,
Union Minister Jitendra Singh told the Parliament that nine States — Mizoram, West Bengal, Chhattisgarh, Rajasthan,
Maharashtra, Kerala, Jharkhand, Punjab and Meghalaya — had withdrawn their
general consent given to CBI.
· As per Section 6 of the
DSPE Act, 1946, the CBI needs consent
from the respective State governments for conducting the investigation in their
jurisdiction. A general consent to CBI granted by State governments enables
the central agency to carry out investigations without such hindrances.
· While Mizoram withdrew
its general consent to the CBI in July 2015, West Bengal did it in November
2018 and Chhattisgarh in January 2019. Rajasthan, Maharashtra, Kerala,
Jharkhand and Punjab withdrew their general consent in 2020. Meghalaya withdrew
consent in 2022.
· The CBI is under the
administrative control of the Ministry of Personnel, Pension & Public
Grievances, Government of India. It is the premier investigating police agency
in India.
UPSC Mains PYQs
Q.
The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging
an FIR and conducting a probe within a particular state is being questioned by
various States. However, the power of the States to withhold consent to the CBI
is not absolute. Explain with special reference to the federal character of
India. (Mains 2021)
