Debate over CBI’s Jurisdictions

Source-This post on Debate over CBI’s Jurisdictions has been created based on the article “On the jurisdiction of the CBI” published in “The Hindu” on 15 July 2024.

UPSC Syllabus-GS Paper 2- issues and Challenges Pertaining to the Federal Structure

Context– The Supreme Court upheld West Bengal’s lawsuit against the Union government. The suit claims the Centre committed “constitutional overreach” by allowing CBI investigations in the state even after the state withdrew its general consent in November 2018.

The framers of the Constitution expected conflicts between the Centre and the States, so they gave the Supreme Court original jurisdiction to resolve these issues under Article 131.

In State of Karnataka vs. Union of India (1977), the Supreme Court stated that Article 131 is an essential part of federalism and should be interpreted broadly to achieve justice. In State of Rajasthan vs. Union of India (1977), the Court warned against a narrow or overly technical interpretation of State rights.

What is general Consent?

Requirement- This is required under Section 6 of the DSPE Act for the CBI to investigate in a state. This consent is important because “police” and “public order” fall under state authority. States grant this consent to allow the CBI to investigate corruption cases involving central employees within their territories.

State Withdrawal: Several states, including West Bengal, have revoked their general consent, fearing that the CBI is being misused against opposition parties.

What are the arguments made by the union government against the lawsuit filed by the West Bengal Government?

1) Article 131 Suits:– Original suits under Article 131 of the Constitution only involve the Union and States. Although the CBI registered the cases, it cannot be a defendant in this suit because it is not considered a “State” under Article 131.

2) CBI’s Independence from Union Control -The CBI is an “independent agency” and does not operate under direct control of the Union government. The Union does not oversee the CBI’s actions, including registering offenses, conducting investigations, or filing charges.

What are the observations made by the supreme court?

1) Central Government’s Role in the CBI -A review of the DSPE Act indicates that the Central government plays a major role in the CBI’s formation, the offenses it investigates, and its powers.

2) Supervision of Cases Under Section 4 -Under Section 4, the Central government supervises most cases, except those under the Prevention of Corruption Act, which are overseen by the Central Vigilance Commission.

3) CBI Independence and Control- The court ruled that while the CBI can investigate independently, this does not reduce the Central government’s control over the agency. As a result, the Solicitor General’s claim that the CBI is an “independent agency” was found unconvincing.

A detailed article on General consent for CBI: The law, and political reasons for its denial can be read here.

What are the long-term Implications of allowing CBI investigations without state consent?

1) Strain Centre-State Relations -Allowing the CBI to investigate in states that have revoked their general consent would undermine federalism. This could harm Centre-State relations since police matters fall under state authority.

2) Future Cases –The Supreme Court has only considered the initial objections to West Bengal’s suit. However, as per the experts, the final ruling will significantly affect other similar cases

Question for practice

What arguments does the union government present against the West Bengal Government’s lawsuit? What could be the long-term effects of allowing CBI investigations without state consent?