The Central Bureau of Investigation will now have to take permission from the state government for investigation in Madhya Pradesh too. The state government has issued a notification regarding investigation in the state under the powers of Section-3 of the Delhi Subject Police Establishment Act.
Madhya Pradesh Mandate Prior Consent for CBI Inquiries
- This decision considers changes in the Bharatiya Nyaya Sanhita (BNS) and recent consultations with the CBI.
- Also under Section 17A of the Prevention of Corruption Act, 1988, agencies need permission to conduct inquiries against government officials.
- It provides that no enquiry or inquiry or investigation shall be conducted by a police officer into any offence alleged to have been committed by a public servant under the PC Act without prior approval from the appropriate authority.
- All previous general consent for any other offences and any consent given by the state government on a case-by-case basis for any other offence will also continue to apply.
- Several states, including Meghalaya, Mizoram, West Bengal, Jharkhand, Kerala, and Punjab, have withdrawn general consent for CBI investigations.
Implications of Madhya Pradesh’s Decision
- The requirement for written consent could slow down the process of initiating CBI inquiries against state officials.
- It may increase the administrative burden on both the state government and the CBI, potentially affecting the efficiency of corruption investigations.
- The decision reflects a broader trend of states asserting more control over central investigative agencies, impacting the dynamics of federal governance in India.
Key Facts About the Central Bureau of Investigation
- Following recommendations by the Santhanam Committee on Prevention of Corruption (1962–1964), the CBI was officially established in 1963 by a resolution of the Ministry of Home Affairs.
- It derives its investigative powers from the Delhi Special Police Establishment Act, 1946.
- Operates under the Ministry of Personnel, Public Grievances, and Pensions, which falls under the Prime Minister’s Office.
- Investigations under the Prevention of Corruption Act, CBI is supervised by the Central Vigilance Commission.
- It acts as the nodal police agency for coordinating investigations with Interpol member countries.
- The director of the CBI is also the Inspector General of Police (IGP) of the Delhi Special Police Establishment (DSPE) and is responsible for the administration of the organisation.
- Appointment of CBI Director: Initially appointed under the DSPE Act, 1946. Following the Supreme Court’s recommendations in the Vineet Narain case, the process was revised in 2003.
- Current System, under the Lokpal Act, 2014, a committee comprising the Prime Minister, Leader of the Opposition, and Chief Justice of India (or a Supreme Court Judge) recommends the appointment.
- The Director enjoys a tenure security of two years, extendable up to five years in the public interest.
- In 2021, the President issued two ordinances to extend the tenures of the directors of the CBI and the Enforcement Directorate from two years to up to five years.
- The chiefs of the CBI can now be given three annual extensions, as per the amendments made to the DSPE Act, 1946.
Legal Framework Governing the CBI’s Jurisdiction
- The CBI operates under the Delhi Special Police Establishment (DSPE) Act, 1946.
- Section 6 of the DSPE Act mandates that CBI officers need state government consent to exercise powers in any state area, excluding Union Territories or railway areas.
- The legal foundation of the CBI is based on Entry 80 of the Union List, allowing the extension of police powers to other States with their permission.
- The CBI, being a force for Union Territories, can only investigate States with their consent, as determined in the Advance Insurance Co. Ltd case in 1970.
- Consent can be either case-specific or general. General consent is usually provided to facilitate investigations into corruption among central government employees within states, as ‘police’ is Entry 2 in the State List under the Seventh Schedule of the Constitution.