The Central Bureau of Investigation (CBI), established under the Delhi Special Police Establishment (DSPE) Act, 1946, is India’s premier investigating agency. It has become the issue of confrontational federalism in recent years.
Legal Framework of CBI’s Jurisdiction
Section 6 of DSPE Act – CBI requires State consent to investigate cases within that State
General Consent – blanket permission for all cases (most States provide this).
Case-specific Consent – given on a case-to-case basis if general consent is withdrawn.
States’ Power to Withhold Consent
Police and Public order is a State List subject, Entry 2, List II.
Several States (e.g., West Bengal, Kerala, Chhattisgarh, Punjab) have withdrawn general consent citing political misuse.
However, States’ Power is Not Absolute
Court’s Power –
The Supreme Court and High Courts can direct the CBI to investigate without State consent under Articles 32 and 226. (State of West Bengal v. Committee for Protection of Democratic Rights (2010))
Union Territories – CBI can operate without State consent in UTs.
Inter-State and National Interest Cases – Involving corruption, national security, or cross-border crimes, Union may justify CBI probe to preserve national integrity.
The Supreme Court ruled that the CBI can probe Central officials under Central laws without State consent.
Impact on Federal Character of India
Positive Aspects
Judicial oversight – SC/HC powers to direct CBI investigations prevent misuse of State autonomy.
Enables impartial probes in crimes affecting multiple States.
National interest protection – accountability in cases threatening unity, security, or economy.
Negative Aspects
CBI entry without consent undermines State authority.
Politicisation fears – Opposition-ruled States view CBI as a tool of the Centre
SC criticized the CBI as a “caged parrot speaking in its master’s voice.” (Centre for Public Interest Litigation (CPIL) Case)
Weakens cooperative federalism – Tensions between WB Govt and Centre
Reinforces the unitary bias of the Constitution, reducing States to subordinate entities in criminal investigation matters.
Way Forward
Strengthen Autonomy – Implement Vineet Narain (1997) directives (“CVC-supervised model”).
Statutory Backing – Replace DSPE Act, 1946 with a clear modern CBI law.
Consultative Federalism – Respect States’ consent; use Inter-State Council for dialogue.
Joint Collaboration – Form Centre-State task forces for investigation
The need of the hour is strengthening institutional independence of CBI , and fostering cooperative federalism.