The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.
The Central Bureau of Investigation's (CBI) jurisdiction within states often becomes a point of contention, as its investigative powers usually stem from the Delhi Special Police Establishment Act, 1946, requiring state consent. This aligns with India's federal character, where law and order is a State subject, granting states autonomy to manage their affairs and prevent central overreach.
However, this power to withhold consent is not absolute. Firstly, the Supreme Court and High Courts, exercising their inherent powers under Articles 32 and 226 respectively, can direct the CBI to conduct probes without state consent, particularly in cases involving fundamental rights or significant public interest. Secondly, once a state provides 'general consent' for specific types of cases, withdrawing it for a particular case within that category can be legally challenged.
This delicate balance showcases India's quasi-federal nature. While states retain considerable autonomy, the judiciary acts as a crucial check, ensuring that justice is not hampered by inter-state disputes or political considerations, thereby upholding the larger national interest and constitutional values above narrow state boundaries.
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