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Supreme Court upholds West Bengal’s suit accusing Union of using CBI without State consent | Current Affairs | Vision IAS
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Supreme Court upholds West Bengal’s suit accusing Union of using CBI without State consent

Posted 11 Jul 2024

2 min read

In suit, State accused the Union of constitutional overreach and violation of federalism by unilaterally employing the Central Bureau of Investigation (CBI) without the State’s prior consent.

  • The suit was filed under Article 131 of the Indian Constitution. 
    • Article 131 deals with the Supreme Court's original jurisdiction in a dispute between the Centre and one or more states.

CBI needs to obtain the consent of state governments before it can investigate a crime in a particular state.

  • The power of consent is governed as per the Delhi Special Police Establishment (DSPE) Act of 1946

The consent of the state can be either general or case-specific.

  • In General consent, the CBI is not required to seek fresh permission every time it enters that state in connection with investigation or for every case.
    • West Bengal had withdrawn its general consent in 2018. And, many other states such as Punjab, etc. have also withdrawn their general consent.
    • Exception to general consent
      •  Supreme Court and High Courts can order CBI to investigate a crime anywhere in the country without the consent of the state.
      • Consent does not apply in cases where someone has been caught red-handed taking a bribe.
  • In case Specific consent, CBI would have to apply to the state government in every case.
  • Tags :
  • CBI
  • Article 131
  • Delhi Special Police Establishment (DSPE) Act of 1946.
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