General Consent to CBI

• Context (HT | TOI): For the first time, Mizoram gives consent to CBI probes.

Central Bureau of Investigation (CBI)

• CBI is a non-constitutional, non-statutory body.
• CBI derives power to investigate from the Delhi Special Police Establishment Act, 1946.
• It is the nodal Indian agency that coordinates investigations on behalf of Interpol Member countries.
• It functions under the Department of Personnel, Ministry of Personnel, Pension and Public Grievance.

Composition of CBI

• The CBI is headed by a director.
• He is assisted by a special director or an additional director and many joint directors, deputy inspector generals (DIG), superintendents of police (SP), and all other ranks of police.

1. Appointment of CBI Director
   • Before the Lokpal Act was legislated, the CBI director was appointed by the DSPE Act.
   • Now, the Lokpal Act governs the appointment of the CBI director.
   • The Centre appoints the director based on the recommendation of a search committee comprising:
     1. Prime Minister as the chairperson
     2. CJI (or SC judge) and
     3. Leader of the Opposition.
2. Tenure
   • The director of CBI has been provided security of two-year tenure by the CVC Act, 2003.

Powers / Functions

• The Central Government can authorise CBI to investigate a crime in a state but only with the consent of the concerned State Government.
• The Central police cannot investigate or enter the state without consent since police and public order are state subjects.
• CBI can suo-moto investigate offenses only in the Union Territories (including Delhi).
• The SC and HCs, however, can order the CBI to investigate a crime anywhere in the country without the consent of the State.

Types of Consent

• The CBI must mandatorily obtain the consent of the concerned state government before investigating crime in a state.
  • This is provided through Section 6 of The DSPE Act (“Consent of State Government to exercise of powers and jurisdiction”).
• The consent of the state government to CBI can be either case-specific or general.
• General consent is given to help the CBI seamlessly investigate corruption cases against central government employees in the concerned state.
  • Otherwise, it would require consent in every case.
• States, including WB, Rajasthan, Kerala, and Maharashtra, have withdrawn the general consent.
  • It means the CBI needs case-specific consent to register any fresh case against a Central Government official or a private person in these states.
• Withdrawal of general consent means that the CBI will not be able to register any fresh case involving central government officials or private persons in a particular state without the prior permission of that state.

Exceptions to General Consent

• Even on withdrawal of the General Consent, the CBI will continue to investigate cases in a state registered before the withdrawal of the consent.
• CBI would have the power to investigate cases registered in other states/UTs and involve people residing in the state that has withdrawn the consent.
• Approval of the High Court and Supreme Court to investigate a case does away with the need for consent from the states.
• Approval of local courts in a state provides CBI with the power to investigate cases in the state.