Context:
Supreme Court upholds West Bengal’s suit accusing Union of using CBI without State consent.
Central Bureau of Investigation (CBI):
- Premier investigative agency in India, to investigate grievous cases and provide leadership and direction in fighting corruption to the police force across the country.
- Also, the nodal police agency in India that coordinates investigations on behalf of Interpol member countries.
- Recommended by – Santhanam Committee on Prevention of Corruption (1962–1964).
- Status – Not a statutory body
- Set up by a resolution (1963) of the Ministry of Home Affairs.
- Derives its powers from – Delhi Special Police Establishment Act, 1946.
- Nodal Ministry – Ministry of Personnel, Public Grievances, and Pensions
General and Specific consent:
- CBI needs to obtain the consent of state governments before it can investigate a crime in a particular state.
- Governed as per – Delhi Special Police Establishment (DSPE) Act of 1946.
- Consent of the state can be either general or case-specific.
- General consent – CBI is not required to seek fresh permission every time it enters that state in connection with investigation or for every case.
- Exception to general consent –
- Supreme Court and High Courts can order CBI to investigate a crime anywhere in the country without the consent of the state.
- Consent does not apply in cases where someone has been caught red-handed taking a bribe.
- Exception to general consent –
- Specific consent – CBI would have to apply to the state government in every case
Source: The Hindu
Previous Year Question
With reference to the Finance Commission of India, which of the following statements is correct?
[UPSC Civil Service Exam – 2011 Prelims]
(a) It encourages the inflow of foreign capital for infrastructure development
(b) It facilitates the proper distribution of finances among the Public Sector Undertakings
(c) It ensures transparency in financial administration
(d) None of the statements (a), (b) and (c) given above is correct in this context
Answer: (d)
