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

 Â· 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. 

 Â· 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. 

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

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

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

 Â· 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.

 Â· It is provided by the CVC Act of 2003

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

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

 Â· 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

 Â· 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: 

 Â· 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.

 Â· Specific Consent: If a general consent is withdrawn then it needs to take case-wise consent for investigation from the concerned state government. 

 NOTE: · As of March, in our country 9 states have withdrawn general consent for CBI this year.


Ankitha

Ankitha Manyala