Recently, the Supreme Court of India delivered a landmark judgment affirming that the Central Bureau of Investigation (CBI) has the authority to register cases under central laws, such as the Prevention of Corruption Act, 1988, against central government employees in states, even in the absence of state consent.
This ruling overturned the decision of the Andhra Pradesh High Court, which had quashed two First Information Reports (FIRs) filed against central government employees due to the lack of consent from the Telangana state government to prosecute them.
Understanding State Consent for CBI
State Consent refers to the legal requirement for the CBI to obtain permission from the respective state government before conducting investigations within that state's territorial jurisdiction. This is in line with the federal structure outlined in the Indian Constitution, which divides powers between the central and state governments.
Legal Basis for State Consent
The Delhi Special Police Establishment (DSPE) Act, 1946 provides the framework for the functioning of the CBI. According to Section 6 of this Act, the CBI must seek consent from the state government to investigate cases unless a specific order from the judiciary or central government overrides this requirement for specific investigations.
Types of Consent
General Consent: In some instances, states grant blanket consent, allowing the CBI to operate within their jurisdiction without requiring permission for individual cases.
Specific Consent: In the absence of general consent, the CBI must request approval for each case it intends to investigate.
The Role of the CBI
About the CBI: The Central Bureau of Investigation (CBI) was established in 1963 following the recommendations of the Santhanam Committee on Prevention of Corruption. The agency serves as the central investigative body and coordinates with Interpol for international investigations.
Functioning of the CBI
The CBI derives its powers to investigate and prosecute cases from the Delhi Special Police Establishment Act, 1946. The agency operates under the purview of the Ministry of Personnel, Public Grievances, and Pensions, which is part of the Prime Minister’s Office.
Oversight of the CBI
- Central Vigilance Commission (CVC): The CVC supervises the CBI in matters relating to investigations under the Prevention of Corruption Act, 1988.
- Department of Personnel & Training (DOPT): For other cases, the DOPT, under the Ministry of Personnel, Pensions, and Grievances, oversees the functioning of the CBI.
Appointment of CBI Director
The Lokpal Act, 2014 sets the framework for the appointment of the CBI Director. The selection committee comprises the Prime Minister, Leader of the Opposition, and the Chief Justice of India (or a sitting Supreme Court Judge). The CBI Director is appointed for a tenure of 2 years, which can be extended up to 5 years in the public interest.