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 Recently, 8 states have withdrawn their consent to the CBI to initiate fresh probes in their jurisdictions.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 ...