← All questionsGS2 · 2021 · Polity ·CBI Jurisdiction and State Consent
QUESTION 11
GS2
15 marks

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

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11 min
250 words
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What the examiner wants

Explain the CBI's need for state consent, why states are withdrawing it, and why that power is not absolute in a federal setup.

ExplainMake clear how and why it happens: causes, process, and an example for each point.

Demand-wise check

  1. 1Legal basis: DSPE Act, 1946; Section 6 requires state consent; police is a state subject≈50 words
  2. 2States withdrawing general consent (West Bengal, Kerala, Punjab and others)≈50 words
  3. 3Limits on states' power: courts can order CBI probes without consent (2010 Constitution Bench); existing cases continue; central employees≈50 words
  4. 4Federal balance: need for a CBI law, independence, cooperative approach≈50 words

Open in about 30 words and close in about 30.

Answer plan

Legal frameworkWithdrawal of consentLimits (court orders)Federal angleReforms

Where marks usually go

  • Missing Section 6 of the DSPE Act
  • Not explaining why consent is not absolute

Draw this

  • Flow: case → general consent? → specific consent? → court order route

Value addition

  • CaseState of West Bengal v Committee for Protection of Democratic Rights (2010): constitutional courts can direct a CBI probe without state consent.Supreme Court, 2010
  • CommitteeThe Parliamentary Standing Committee (2023) recommended a new law to give the CBI clear legal standing and powers.Standing Committee on Personnel, Law and Justice

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