(Video) Rajya Sabha TV (RSTV) The Big Picture: CBI, States & General Consent

Topic: CBI, States & General Consent

Guest:

M. L. Sharma, (Former Special Director, CBI)
Dr. Vikram Singh, (Former DGP, Uttar Pradesh)
Sangram Patnaik, (Advocate, Supreme Court)

Topic Description:

Jharkhand has joined the bandwagon of Opposition-ruled states that have withdrawn general consent for an investigation by the Central Bureau of Investigation (CBI). Several other states such West Bengal, Rajasthan, Maharashtra and Kerala had withdrawn their general consent earlier. The move, which makes it necessary for the central agency to get the state government's permission to conduct investigations in the state, comes a day after Kerala also withdrew the privilege. The CBI is governed by the Delhi Special Police Establishment Act (DPSEA). This law makes the CBI a special wing of Delhi Police and thus its original jurisdiction is limited to Delhi. Recently, a Calcutta High Court order expanded its jurisdiction to investigate the central government employees in West Bengal without seeking specific consent of the state government. For other matters, the CBI needs consent of the state government in whose territorial jurisdiction, the CBI has to conduct an investigation. This is unlike other central government agencies, for example, the National Investigation Agency (NIA), which by law, enjoys an all-India jurisdiction.