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

CBI derives its powers from the Delhi Special Police Establishment Act, 1946 (DSPE Act), not from a constitutional provision.

Under Section 6 of the DSPE Act, CBI needs the prior consent of the concerned state government to exercise jurisdiction in that state.

General Consent: Allows CBI to operate without case-specific approval.

Specific Consent: Required when general consent is withdrawn.

India is a quasi-federal state, where law and order is a State subject (Entry 2, State List – 7th Schedule)

Several states like West Bengal, Chhattisgarh, and Kerala have withdrawn general consent citing misuse of CBI

Supreme Court or High Courts can direct CBI to investigate without State consent under Articles 32 and 226.

Reiterated that States can deny consent, but judicial orders override state denial. (CBI v State of Rajasthan 2011)

Held that High Courts and SC can direct CBI probes without state consent, preserving judicial supremacy.

If Centre-State dispute over CBI jurisdiction arises, the State may invoke Article 131, though it’s rarely successful. Although recently WB government suit was held maintainable.

Federalism in India is not absolute; it allows central agencies limited intrusion when national interest or fundamental rights are involved.

Political use of CBI has been alleged; hence, consent withdrawals are also seen as protective federal assertions.

CBI is not a statutory body with full independence, and lacks constitutional backing, raising issues of credibility and federal friction.

Courts have often emphasized the need to balance federalism with the rule of law and justice delivery.

Multiple law commissions and SC have recommended statutory status for CBI and clearer federal guidelines.

Additional note

Madras high Court directions to Central government to ensure CBI’s independence and improving its capabilities.

Consider and take a decision to enact a statute giving more power and jurisdiction to CBI at the earliest

CBI be given complete financial independence by allocation of separate budget without any administrative control of government.

CBI director to be given powers as that of the Secretary of Government of India

CBI director directly reporting to Prime Minister without having to go through Department of Personnel and Training.

Government should enhance infrastructure facilities at Central Forensi Science Laboratory and establishing at least one CFSL in each of the four zones of the country under the CBI.