The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting a probe within a particular state is being questioned by various States. However, the power of States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.

Central Bureau of Investigation (CBI) is the premier organisation to look into corruption and other conventional crimes. CBI derives its power of investigation from Delhi Police establishment act. But to make any probe in the State, CBI needs either General or specific consent. Recently, 8 states have withdrawn their consent to the CBI to initiate fresh probes in their jurisdictions. This has brought the concept of Federalism in discussion that how much power CBI and State possess in their respective jurisdiction

Power of State and CBI in centrality of the Federalism:

• Sections 5 and 6 of the DSPE Act deal with the extension of powers and jurisdiction of special police establishment to other areas and the requirement of consent of the state governments. The Supreme Court has said that though Section 5 enables the Centre to extend powers and jurisdiction to DSPE members beyond union territories to a state, Section 6 makes it compulsory to take prior approval from the concerned state for the same.
• The Supreme Court and High Courts, however, can order CBI to investigate such a crime anywhere in the country without the consent of the state. When a state government gives its general consent to the CBI for investigating cases, the CBI is not required to seek fresh permission from that state for each case it is tasked with investigating. But when a state government withdraws its general consent to the CBI, the agency requires the state government’s consent each time it wants to probe a case. However, the CBI manual provides that the CBI can still investigate cases in such states even without receiving their consent if the Supreme Court or a High Court directs the CBI to do so. 
• In the State of West Bengal & Ors. vs The Committee for Protection of Democratic Rights, West Bengal & Ors., a five-judge Constitution Bench of the Supreme Court observed that the Supreme Court and High Courts, in exercise of their power of judicial review, can direct the CBI to take up the investigation within the jurisdiction of the State. 
• The Centre cannot extend the jurisdiction of the CBI into the states without the consent of the court.
• Under the existing constitutional scheme, law and order lies with the state, and the Centre really doesn’t have much of a role in that.

States always look at CBI as a central government institution rather than the institution of Government of India and thus considered it against federalism. However, the crisis is the right time to bring reform to free caged parrot by strengthening CBI in terms of legal mandate, Infrastructure so that it can uphold its motto of Industry, Integrity and Impartiality.