The governments of Andhra Pradesh and West Bengal have recently revoked their “general consent” for the Central Bureau of Investigation (CBI) to investigate cases within their territories. This move follows similar actions taken by states such as Sikkim, Nagaland, Chhattisgarh, and Karnataka in the past. The repercussions of this decision will largely impact how the CBI operates in these states.
Understanding General Consent
Unlike the National Investigation Agency (NIA) which operates across India under its own NIA Act, 2008, the CBI’s jurisdiction is controlled by the Delhi Special Police Establishment Act, 1946 (DSPE Act, 1946). According to this act, the state government’s consent becomes mandatory for carrying out investigations in that state. There are two types of consent a state can give: case-specific or general.
The CBI primarily holds jurisdiction over central government departments and employees. To investigate a case involving state government employees or a violent crime within a particular state, the CBI must first get the concerned state government’s consent. The DSPE Act, 1946, Section 6 empowers the state government to either grant or deny consent to a CBI officer to investigate matters within the state.
“General consent” usually helps the CBI conduct seamless investigations into corruption cases against central government employees in the respective state. Nearly all states have given this type of consent at some point.
The Implications of Withdrawing General Consent
The withdrawal of general consent means that any new case involving a central government official or a private individual based in these states cannot be registered by the CBI without acquiring a case-specific consent. This withdrawal does not prevent the CBI from registering a case within Andhra Pradesh and West Bengal’s jurisdictions. The CBI could still file cases in Delhi and carry on with investigations into individuals within the two states.
Cases registered anywhere else in the country that involve people based in Andhra Pradesh and West Bengal will permit the CBI’s jurisdiction to extend into these states. In essence, the withdrawal of consent denotes that CBI officers will lose their police officer powers once they enter the state unless the state government has permitted them.
This decision will not impact ongoing investigations of cases that were registered with the CBI before the withdrawal as they were registered when general consent was in place.
Facts Related to the Withdrawal of General Consent
Below is a table detailing key points about the withdrawal of general consent:
| Aspect | Details |
|---|---|
| Withdrawal by Andhra Pradesh and West Bengal | Effects new cases involving central government officials or private persons in these states. |
| Existing cases | Will not be impacted; can still be investigated as they were registered when general consent was in place. |
| Impact | CBI officers lose their police powers upon entering the state, unless specific consent is given. |
| Cases involving these states but registered elsewhere | CBI’s jurisdiction can extend into these states. |
Past Instances of Consent Withdrawal
The withdrawal of “general consent” from the CBI is not a new occurrence. Multiple states, including Sikkim, Nagaland, Chhattisgarh, and Karnataka, have previously taken similar actions. These moves are often influenced by various factors, including political manoeuvrings, allegations of misuse by the central government, and matters of states’ rights and jurisdictions.