In a significant development, ten Indian states have chosen to restrict the Central Bureau of Investigation’s (CBI) ability to freely investigate cases within their territories. This means the CBI requires specific permission from each state government before launching any probes.
This restriction stems from Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, which mandates the CBI to obtain such consent for investigations within state boundaries.
Punjab, Jharkhand, Kerala, Rajasthan, Chhattisgarh, West Bengal, Mizoram, Telangana, Meghalaya, and Tamil Nadu are the ten states that have revoked their general consent to the CBI, as confirmed by Dr. Jitendra Singh, Minister of State for Personnel, in the Lok Sabha.
When questioned about amending the DSPE Act to bypass this consent requirement, the minister categorically denied any such plans.
This development has stirred up significant debate. A Parliamentary panel recently expressed concerns about the limitations this places on the CBI’s ability to investigate critical cases, even suggesting the creation of a new law granting the agency wider powers, independent of state approval.
Overall, this withdrawal of general consent marks a shift in the power dynamics between the central and state governments, potentially impacting the CBI’s effectiveness in tackling certain types of crime. The debate surrounding this issue, and the future of the CBI’s investigative authority, is likely to continue.
