{"id":160157,"date":"2022-01-09T18:24:14","date_gmt":"2022-01-09T12:54:14","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=160157"},"modified":"2022-01-09T18:24:14","modified_gmt":"2022-01-09T12:54:14","slug":"answeredthe-jurisdiction-of-the-central-bureau-of-investigation-cbi-regarding-lodging-fir-and-conducting-probe-within-a-particular-state-is-being-questioned-by-various-states-however-the-power-o","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/answeredthe-jurisdiction-of-the-central-bureau-of-investigation-cbi-regarding-lodging-fir-and-conducting-probe-within-a-particular-state-is-being-questioned-by-various-states-however-the-power-o\/","title":{"rendered":"[Answered]The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India."},"content":{"rendered":"

CBI is India\u2019s\u00a0premier central investigation agency\u00a0which looks into matters of corruption or major criminal matter. The CBI draws its power from the\u00a0DSPE Act, 1946\u00a0which deals with the extension of the power of CBI over states with the\u00a0consent\u00a0of the respective government.<\/span>\u00a0<\/span><\/p>\n

CBI and Federalism:<\/span><\/b>\u00a0<\/span><\/p>\n

    \n
  1. The\u00a0Police\u00a0are under\u00a0List II,\u00a0i.e.,\u00a0it is exclusively a\u00a0state subject. So only the state can make law regarding the same. However, the establishment of\u00a0CBI\u00a0under the\u00a0DPSE act\u00a0as police encroaches upon state jurisdiction.<\/span>\u00a0<\/span><\/li>\n
  2. Although, CBI is required to have\u00a0\u201cgeneral\u00a0consent\u201d\u00a0from the state government before beginning an investigation in the state. But these consents only lead to\u00a0Red-tapism\u00a0thereby delaying justice delivery.<\/span>\u00a0<\/span><\/li>\n
  3. The jurisdiction of CBI often comes into direct confrontation with state police which causes federal issues recurrently.<\/span>\u00a0<\/span><\/li>\n
  4. However, a weak central authority could be injurious to\u00a0national unity.\u00a0Thus,\u00a0it is imperative to have some agencies that have jurisdiction over the entire country.<\/span>\u00a0<\/span><\/li>\n
  5. The confrontation between state and center over CBI is often more prominent when there exist\u00a0different political parties\u00a0at the state and center level.<\/span>\u00a0<\/span><\/li>\n
  6. The\u00a0absence of a neutral body\u00a0to manage or diffuse the confrontation between state and center further aggravates the issue.<\/span>\u00a0<\/span><\/li>\n
  7. The\u00a0Supreme court\u00a0and the\u00a0high court\u00a0can order CBI to investigate any crime anywhere in the country without the consent of the state.<\/span>\u00a0<\/span><\/li>\n
  8. Moreover, under\u00a0article 131, states can drag center in case if they feel CBI violates their right.\u00a0Thus,\u00a0further complicating the confrontation.<\/span>\u00a0<\/span><\/li>\n<\/ol>\n

    A strong central investigation is imperative for the\u00a0National unity and integrity\u00a0of the country.\u00a0So,\u00a0there is a need to\u00a0promote transparency\u00a0in the working of CBI which can be ensured by making it a\u00a0constitutional body.<\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

    CBI is India\u2019s\u00a0premier central investigation agency\u00a0which looks into matters of corruption or major criminal matter. The CBI draws its power from the\u00a0DSPE Act, 1946\u00a0which deals with the extension of the power of CBI over states with the\u00a0consent\u00a0of the respective government.\u00a0 CBI and Federalism:\u00a0 The\u00a0Police\u00a0are under\u00a0List II,\u00a0i.e.,\u00a0it is exclusively a\u00a0state subject. So only the state can… Continue reading [Answered]The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[9],"tags":[],"class_list":["post-160157","post","type-post","status-publish","format-standard","hentry","category-public","entry"],"jetpack_featured_media_url":"","views":{"total":100,"cached_at":1698384299,"cached_date":1698662037},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/160157","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=160157"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/160157\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=160157"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=160157"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=160157"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}