Facts for Prelims (FFP)
Source: IE
Context: The state government of Tamil Nadu has decided to withdraw the general consent granted to the Central Bureau of Investigation (CBI) to conduct investigations in the state.
- This move comes shortly after the arrest of Tamil Nadu Minister V Senthil Balaji by the Enforcement Directorate (ED) in connection with a job racket scandal.
What is General consent accorded to the CBI?
It allows the agency to conduct investigations in a state without seeking fresh permission for each case. It facilitates seamless investigation in cases of corruption or violence involving central government employees in the state.
More about it:
| About | Details |
| Legal Basis | According to Section 6 of the Delhi Special Police Establishment Act of 1946, the State’s consent is required for the CBI to extend its investigation beyond Union Territories. |
| Constitutional Basis | Entry 80 of the Union List, allows the extension of police powers from one State to another with permission. Also, “Police” is listed as Entry 2 in the State List under the Seventh Schedule of the Constitution. |
| Types of Consent | General Consent: When a state grants general consent to the CBI, the agency can conduct investigations in the state without seeking fresh permission for each case. |
| Specific Consent: If the general consent is withdrawn, the CBI needs to seek case-specific consent from the concerned state government for each investigation. | |
| SC Judgment (in the Advance Insurance Co. Ltd case (1970)) | The CBI, being a force constituted for Union Territories under the Delhi Special Police Establishment Act of 1946, can investigate in the territories of the States only with their consent. |
| High Court power | The withdrawal does not restrict the power of the jurisdictional High Court to order a CBI investigation. |
| Impact on Pending Investigation | The withdrawal of general consent does not affect pending investigations or cases registered in another State that involve investigation leading into the territory of the state that withdrew consent. |
| Other states that have withdrawn the consent | West Bengal, Rajasthan, Kerala, Mizoram, Punjab, Telangana, Jharkhand, Chhattisgarh, and Meghalaya |
