Central Bureau of Investigation

Can State Governments withdraw the consent given to CBI? 

CBI: · The CBI is the premier investigative agency in India. · Establishment: Its establishment was recommended by the Santhanam committee. 

 · It was established in the year 1963 as a result of the merger of the Special Police Establishment (SPE) with Delhi Special Police Establishment Act. 

 · It was set up by a resolution of the Ministry of Home Affairs in 1963. · 

 It is not a statutory body but it derives its power from Delhi Special Police Establishment Act, 1946. 

 · It comes under the Ministry of Personnel, Public Grievances and Pensions.

 · Role and Function-Its primary role is to investigate and solve crimes of national importance particularly those related to corruption, economic offences, fraud etc. 

 · Jurisdiction-It has jurisdiction over all central government employees and cases that are referred to it by the central government, state government and courts 

 · Organizational Structure: The CBI is headed by a director, who is assisted by various officers in the ranks of Special Director, Joint Director, Deputy Inspector General, Superintendent of Police etc.

· The security tenure for the Director of CBI is two years.

 · It is provided by the CVC Act of 2003. 

 · CVC Supervision: CBI is monitored by the Central Vigilance Commission which exercises superintendence over the agency’s functioning in matters related to corruption case. 

 · Limitations: Its Jurisdiction is limited to the central government employees and cases with the central government consent.

 · It cannot investigate offences related to public order, police and land except with the permission of the respective state governments Consent by the state government

 · The state’s consent is required for the CBI investigation according to the Section 6 of the Delhi Special Police Establishment Act of 1946. · 

 There are 2 types of consent for the CBI. They are: 

 · General Consent: If a state gives consent for the CBI, then it is not required to ask fresh permission every time it deals with the investigation even for every case.

 · Specific Consent: If a general consent is withdrawn then it needs to take case-wise consent for investigation from the concerned state government. 

 NOTE: · As of March, in our country 9 states have withdrawn general consent for CBI this year.