TAG: GS:2- POLITY
THE CONTEXT: Recently, amidst allegations of the CBI being “biased and prejudiced” in its investigations in Karnataka, the Karnataka government decided to withdraw the general consent granted to the CBI to conduct probes in the state.
EXPLANATION:
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- The decision was made after the demand for a CBI probe increased, into alleged irregularities concerning the allotment of 14 MUDA (Mysore Urban Development Authority) sites to CM Siddaramaiah’s wife.
- However, the Law and Parliamentary Affairs Minister, H.K. Patil, clarified that the withdrawal was unrelated to this issue, as the case is already being investigated by the Karnataka Lokayukta.
- The withdrawal of the consent that was granted to CBI by Karnataka Cabinet was due to the concerns over the agency’s impartiality.
- The state government has now decided to grant consent on a case-by-case basis, instead of allowing unrestricted investigations.
- Many states, especially non-BJP-ruled states, like West Bengal, Maharashtra, and Punjab, have also revoked general consent for CBI operations in recent years.
- Mizoram: First state post Modi led government in 2014 to withdraw general consent for CBI in 2015 during Congress rule. It was restored in December 2023 under the current government led by Chief Minister Lalduhoma.
- West Bengal:Withdrew general consent in November 2018 under Mamata Banerjee. The CM accused the BJP of using the CBI for political vendetta.
- Andhra Pradesh:N Chandrababu Naidu’s TDP government withdrew general consent in 2018 as a political move against alleged misuse of CBI by the central government. Y S Jagan Mohan Reddy’s government restored consent in 2019.
What does Section 6 of the DSPE Act say?
- Section 6 of The DSPE Act (“Consent of State Government to exercise of powers and jurisdiction”) says: “Nothing contained in section 5 (titled “Extension of powers and jurisdiction of special police establishment to other areas”) shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union territory or railway area, without the consent of the Government of that State.”
About the Central Bureau of Investigation (CBI):
- Founded in 1963, the CBI is India’s domestic crime investigating agency.
- CBI functions under the Delhi Special Police Establishment (DSPE) Act, 1946. While it is not a statutory body created through an act of Parliament, its powers are derived from the DSPE Act.
- It functions under, the Department of Personnel, the Ministry of Personnel, Public Grievances and Pensions.
- It has a dual responsibility to investigate grievous cases and provide leadership and direction in fighting corruption to the Police forces in the country.
- Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation.
- With the enactment of the Central Vigilance Commission (CVC) Act of 2003 the Superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission.
- The director of CBI has been provided security of two-year tenure in CBI by the CVC Act, 2003.
- The CVC Act also provides a mechanism for the selection of the Director, CBI, and other officers of the rank of SP and above in the CBI.
- The Director is appointed by the Central government (as per Lokpal and Lokayukta Act 2013 that amended DSPE Act) on the recommendations of a high-powered selection committee. The panel consists of:-
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- The Prime Minister as Chairperson.
- The Leader of Opposition in the Lok Sabha (or leader of the single largest party).
- The Chief Justice of India or Judge of the Supreme Court nominated by him.
- It is the nodal police agency in India, which coordinates investigations on behalf of Interpol Member countries.
- CBI is India’s officially designated single point of contact for liaison with Interpol.
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