CBI Exempt from State Consent for Central Employees | 07 Jan 2025

Source: IE 

Why in News? 

Recently, the Supreme Court (SC) ruled that CBI can register cases under Central laws, like the Prevention of Corruption Act, 1988 against Central government employees in states without state consent. 

  • The SC overturned an Andhra Pradesh High Court ruling that quashed two FIRs against Central government employees due to the lack of Telangana's consent to prosecute them. 

What is State Consent for CBI? 

  • About: It refers to the requirement for the CBI to obtain permission from a state government before investigating cases within that state's territorial jurisdiction.  
    • It stems from the federal structure of the Indian Constitution, which delineates the powers of the central and state governments. 
  • Legal Basis: Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946 requires CBI to obtain state consent for investigations unless directed by the judiciary or central government for specific purposes. 
  • Types of Consent: 
    • General Consent: States grant blanket permission for the CBI to operate within their jurisdiction without seeking case-specific approval.  
    • Specific Consent: When general consent is not granted, the CBI must seek case-specific permission from the state government. 

What is CBI? 

  • About: The CBI was established in 1963 by a resolution of the Ministry of Home Affairs following recommendations by the Santhanam Committee on Prevention of Corruption (1962–1964). 
    • It acts as the nodal police agency for coordinating investigations with Interpol member countries. 
  • Functioning: It derives its investigative powers from the Delhi Special Police Establishment Act, 1946. 
    • It operates under the Ministry of Personnel, Public Grievances, and Pensions, which falls under the Prime Minister's Office. 
  • Supervision Over CBI: The Central Vigilance Commission (CVC) oversees the CBI's supervision in investigating offences under the Prevention of Corruption Act, 1988. 
    • In other matters, it lies with the Department of Personnel & Training (DOPT) in the Ministry of Personnel, Pension & Grievances of the Government of India. 
  • Appointment of CBI Director: Under the Lokpal Act, 2014, a committee comprising the Prime Minister, Leader of the Opposition, and Chief Justice of India (or a Supreme Court Judge) recommends the appointment.  
    • The Director enjoys a tenure security of 2 years, extendable up to 5 years in the public interest.

UPSC Civil Services Examination Previous Year Question (PYQ)  

Prelims

Q. With reference to the Indian judiciary, consider the following statements:

  1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
  2. A High Court in India has the power to review its own judgement as the Supreme Court does.

Which of the statements given above is/are correct?

(a) 1 only  

(b) 2 only 

(c) Both 1 and 2  

(d) Neither I nor 2 

Ans: (c)