Q. Consider the following statements:
1.The Central Bureau of Investigation (CBI) is considered a ‘State’ under Article 12 of the Indian Constitution
2.Under the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI is required to obtain consent from the concerned administrator of the Union Territories.
3.CBI is an independent agency and it do not function under the direct control of the Union government.
How many of the statements given above are correct?
Answer: A
Notes:
Explanation –
Statements 2 and 3 are incorrect. The DSPE Act requires the CBI to obtain consent from state governments to extend its jurisdiction to states, not from the administrators of Union territories. Union territories are directly governed by the Central Government, so the consent requirement typically applies to states. The Supreme Court has clarified that the CBI operates under the administrative control and superintendence of the Union government, as per the DSPE Act.
Statement 1 is correct. The CBI is considered an instrumentality of the State under Article 12 of the Indian Constitution, which includes all authorities and instrumentalities of the government.
Source: The Hindu
