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Tamil Nadu withdraws general consent accorded to CBI

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:

AboutDetails
Legal BasisAccording 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 BasisEntry 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 ConsentGeneral 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Specific Consent: If the general consent is withdrawn, the CBI needs to seek case-specific consent from the concerned state government for each investigation.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 powerThe withdrawal does not restrict the power of the jurisdictional High Court to order a CBI investigation.
Impact on Pending InvestigationThe 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Other states that have withdrawn the consentWest Bengal, Rajasthan, Kerala, Mizoram, Punjab, Telangana, Jharkhand, Chhattisgarh, and Meghalaya
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