Daily Hot Topic
Topic : West Bengal vs. CBI: Fight for Jurisdiction
GS-2 Mains : Polity
Supreme Court Verdict (July 10, 2024)
- Upheld the maintainability of a lawsuit filed by West Bengal against the Central Government.
- The lawsuit accuses the Centre of overstepping its authority and violating federalism by using the CBI in the state without consent.
Background (2018)
- West Bengal withdrew its general consent for the CBI to investigate cases within the state.
- Despite this, the CBI continued to register FIRs for offenses in West Bengal.
Key Points
- CBI: The Central Bureau of Investigation is India’s premier investigating agency under the Ministry of Personnel, Public Grievances & Pensions.
- Established in 1963 (following a 1941 law) based on the recommendations of the Santhanam Committee on Prevention of Corruption.
- Functions: Investigate major crimes like corruption, fraud, and social crimes with national or inter-state ramifications.
- Jurisdiction: Derived from the Delhi Special Police Establishment Act, 1946.
- Section 2: Authority to investigate offenses only in Union Territories.
- Section 5(1): Central Government can extend jurisdiction to other areas (including states) with the state’s consent under Section 6.
- Types of CBI Consent:
- General Consent: Permits the CBI to investigate cases without seeking fresh permission each time.
- Specific Consent: Required after a state withdraws general consent. The CBI needs case-by-case approval for investigations.
Issues in CBI Functioning
- Legislative Issues: Delays or denials of state consent for investigations hinder CBI’s work.
- Political Issues: Concerns about political interference in CBI investigations (e.g., “caged parrot” remark by Supreme Court in 2013).
- Transparency Issues: CBI is exempt from the Right to Information (RTI) Act, raising concerns about accountability.
- Overlapping Functions: Duplication of efforts with Central Vigilance Commission (CVC) and Lokpal in some cases.
Way Forward
- Clearly define the role, jurisdiction, and legal powers of the CBI to enhance its autonomy and effectiveness.
- Enact a new law governing the functioning of the CBI, as suggested by the Second Administrative Reforms Commission (2007) and Parliamentary Standing Committees (2007 & 2008).
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