Q. 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. (250 words, 15 Marks)
Why the Question?
UPSC PYQ – CSE Mains – 2021
Keywords of the Question
- Jurisdiction of the Central Bureau of Investigation (CBI)
- Lodging an FIR
- Conducting probe within a particular state – questioned by various States
- Power of States – Withhold consent – Not absolute
- Federal character of India
Directive Word
Explain – Clarify a topic by giving a detailed account as to how and why it occurs, or what is meant by the use of this term in a particular context. Your writing should have clarity so that complex procedures or sequences of events can be understood; defining key terms where appropriate, and be substantiated with relevant research.
How to approach this Question?
Introduction
- Briefly introduce the CBI and its role.
- Mention the issue of jurisdiction and consent by states.
Body
- Federal Structure of India:
- Explain the division of powers between the Centre and States.
- Highlight the State List and the subject of ‘police’.
- CBI’s Jurisdiction:
- Discuss the legal framework governing CBI’s jurisdiction (e.g., DSPE Act).
- Explain the requirement of state consent for CBI investigations.
- Exceptions to State Consent:
- Enumerate situations where CBI can operate without state consent.
- Mention Supreme Court rulings and central government directives.
- Federal Character and Challenges:
- Discuss the balance between state autonomy and central authority.
- Highlight recent instances of states withholding consent and the implications.
Conclusion
- Summarize the importance of cooperative federalism.
- Suggest measures to address jurisdictional conflicts.
- Conclude with the need for a balanced approach respecting both state and central interests.
Note: Please note that the following ‘answers’ are not ‘model answers’ nor are they synopses in the strictest sense. Instead, they are content designed to meet the demands of the question while providing comprehensive coverage of the topic.
Answer Key
Introduction
The Central Bureau of Investigation (CBI) is India’s premier investigative agency, responsible for probing high-profile cases of corruption, economic offenses, and other serious crimes. The jurisdiction of the CBI to lodge an FIR and conduct investigations within a state has been a contentious issue, with several states questioning its authority. The power of states to withhold consent to the CBI is not absolute, raising important questions about the federal structure of India.
Body
Federal Structure of India
- Division of Powers: India’s federal structure is characterized by a clear division of powers between the Centre and the States, as outlined in the Constitution.
- Seventh Schedule: The Seventh Schedule of the Constitution divides subjects into the Union List, State List, and Concurrent List.
- State List – Police: ‘Police’ is a subject under the State List, giving states the primary responsibility for maintaining law and order.
CBI’s Jurisdiction
- DSPE Act: The CBI operates under the Delhi Special Police Establishment (DSPE) Act, 1946.
- State Consent Requirement: According to this Act, the CBI requires the consent of the state government to investigate cases within that state. This consent can be either general or case-specific.
- Central and Judicial Directives: The CBI can investigate cases referred to it by the central government or directed by the Supreme Court or High Courts without state consent.
Exceptions to State Consent
- Judicial Orders: The judiciary can direct the CBI to investigate cases without state consent.
- Central Government Authorization: The central government can authorize the CBI to investigate cases of national importance.
Federal Character and Challenges
- Balance of Powers: The federal character of India aims to balance state autonomy with central authority.
- State Concerns: Several states have withdrawn general consent, citing concerns over federal overreach and political misuse of the CBI.
- Cooperative Federalism: This has led to a complex interplay between state rights and central powers, challenging the cooperative federalism model.
Conclusion
While the power of states to withhold consent to the CBI underscores the federal nature of India, it is not absolute. Cooperative federalism requires a balanced approach, respecting both state autonomy and the need for a strong central investigative agency. Clear guidelines for CBI jurisdiction and enhanced state-Centre cooperation can help address jurisdictional conflicts and strengthen the federal structure.