Bihar makes prior State consent mandatory for CBI probes into its employees
The CBI is a central agency. Why must it ask a State before probing that State's own officials?
Published 6 September 2026. Written by Pratidin from the reports linked at the end; every fact checked by a separate review before publishing. How we work
The Bihar government has issued a fresh notification under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the law under which the Central Bureau of Investigation (CBI) works. The Home Department (Police Branch) memorandum, No. 10770 dated 3 September 2026, gives the CBI standing permission to investigate offences involving Central government employees, staff of Central public sector undertakings and private persons in Bihar. It makes one exception. Where an offence involves public servants appointed in connection with the affairs of the Government of Bihar, or employees of State-controlled corporations, companies, banks or institutions that receive State financial assistance, the CBI must first obtain the prior consent of the State government, which will decide each request case by case.
The notification lists the laws covered by the consent, now including the new criminal codes: the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023, along with the Information Technology Act, 2000 and the Prevention of Corruption Act, 1988. It supersedes all earlier notifications on the subject. Several reports on 5 September presented the order as a new curb on the CBI. The State government, as reported by Patna Press, called such reports misleading: it said prior consent for probes into State employees already existed under a notification of 1996, and that the new order only aligns the list of offences with the new criminal laws.
The issue matters because police and public order are State subjects under the Seventh Schedule, and the CBI can act inside a State only with its consent. Several States have withdrawn their general consent altogether, among them West Bengal (2018), Kerala, Jharkhand and Punjab (2020), Meghalaya (2022), Tamil Nadu (2023) and Karnataka (2024), usually alleging misuse of the agency by the Centre. Supporters of the consent rule see it as a federal safeguard. Critics say it lets a State government shield its own officers from an independent probe. The Supreme Court has held that the Supreme Court and High Courts can still order a CBI investigation without a State's consent in exceptional cases.
Prelims facts
- Section 6 of the Delhi Special Police Establishment Act, 1946 requires the consent of a State government before the CBI can exercise its powers in that State.
- Bihar's memorandum No. 10770 of 3 September 2026 keeps standing consent for probes into Central employees and private persons but makes prior State consent mandatory for cases involving Bihar government employees and State-controlled or State-aided bodies.
- Consent can be general (a standing permission for a class of cases) or specific (given for one case at a time).
- A Constitution Bench of the Supreme Court held in 2010 that the Supreme Court and High Courts can direct a CBI probe without the State's consent in exceptional cases.
- The CBI grew out of the Special Police Establishment of 1941, got its statutory base in the DSPE Act, 1946 and its present name through a government resolution in 1963.
Quick recall
- Under which Act does the CBI function?
- The Delhi Special Police Establishment Act, 1946.
- Which section of the DSPE Act requires State consent?
- Section 6.
- What does Section 5 of the DSPE Act allow?
- The Centre to extend the CBI's powers and jurisdiction to other areas, including States.
- Number and date of Bihar's CBI consent memorandum
- Home Department memorandum No. 10770, dated 3 September 2026.
- Which cases now need Bihar's prior consent?
- Offences involving Bihar government public servants and employees of State-controlled or State-aided bodies.
- When did Karnataka withdraw general consent to the CBI?
- September 2024.
- Which Union List entry deals with extending police powers beyond a State with its consent?
- Entry 80.
- Who called the CBI a 'caged parrot'?
- The Supreme Court, in 2013 (Justice R.M. Lodha).
Prelims practice question
Under which provision does a State government give or withhold consent for the Central Bureau of Investigation to exercise its powers within that State?
- Article 131 of the Constitution of India
- Section 6 of the Delhi Special Police Establishment Act, 1946
- Section 17A of the Prevention of Corruption Act, 1988
- Entry 2 of the Union List in the Seventh Schedule
Show answer
Answer: (b) Section 6 of the Delhi Special Police Establishment Act, 1946. Section 6 of the DSPE Act, 1946 says the CBI cannot exercise its powers in a State without the consent of that State's government. Article 131 deals with the Supreme Court's original jurisdiction in Centre-State disputes. Section 17A of the Prevention of Corruption Act concerns prior approval for inquiries into decisions of public servants, not CBI jurisdiction in a State. Police is an entry in the State List, not Entry 2 of the Union List.
Use this in UPSC Mains: previous-year questions
Recurring theme: The CBI, State consent and the federal balance in investigating corruption
- How to use this
Use Bihar's notification for how States use Section 6 consent as a federal safeguard, and the 2010 Constitution Bench ruling to show the power is not absolute.
- Section 6 of the DSPE Act, 1946 requires State consent for CBI action; Bihar's memorandum No. 10770 of 3 September 2026 makes prior consent mandatory for probes into its own employees.
- Police and public order are State subjects; West Bengal (2018), Kerala, Jharkhand, Punjab (2020), Meghalaya (2022), Tamil Nadu (2023) and Karnataka (2024) withdrew general consent, alleging misuse.
- A Constitution Bench held in 2010 that the Supreme Court and High Courts can order CBI probes without State consent in exceptional cases; critics say consent can shield State officers.
- How to use this
Cite CBI consent withdrawals as a recurring Centre-State trust deficit, and time-bound consent rules as a trust-building reform.
- Several States withdrew general consent to the CBI, from West Bengal (2018) to Karnataka (2024), usually alleging misuse of the agency by the Centre; Bihar tightened consent in September 2026.
- In 2024 the Supreme Court held West Bengal's Article 131 suit over CBI cases maintainable, treating it as a Centre-State dispute.
- Trust-building reform: a dedicated CBI law with time-bound decisions on consent requests and recorded reasons for refusal.
Mains practice question
The requirement of State consent under the Delhi Special Police Establishment Act, 1946 is both a federal safeguard and an obstacle to anti-corruption investigation. Examine in the light of recent notifications by States. (250 words)
Model answer
The Central Bureau of Investigation (CBI) draws its powers from the Delhi Special Police Establishment (DSPE) Act, 1946, under which it can act in a State only with that State's consent (Section 6). Bihar's notification of 3 September 2026, making prior consent mandatory for probes into its own employees, has revived the debate.
Why consent is a federal safeguard
- Police and public order are State subjects (State List, Entries 1 and 2); Union List Entry 80 bars extending police powers into a State's area without that State's consent.
- West Bengal (2018), Kerala, Jharkhand, Punjab (2020), Tamil Nadu (2023) and Karnataka (2024) withdrew general consent alleging misuse.
- In 2024 the Supreme Court held West Bengal's original suit under Article 131 over CBI cases maintainable, treating it as a Centre-State dispute.
Why it obstructs investigation
- Corruption often links Central and State officials; case-by-case consent delays or blocks joint probes.
- A State government can shield its own officers, defeating the idea of an independent agency.
The judicial balance
- A Constitution Bench (2010) held that the Supreme Court and High Courts can order CBI probes without consent in exceptional cases.
Way forward
- A dedicated law defining the CBI's mandate, with time-bound decisions on consent requests and recorded reasons for refusal.
- Stronger autonomy through the Director's selection by a committee of the Prime Minister, the Leader of Opposition and the Chief Justice of India.
Consent should work as a filter against misuse, not as a shield against accountability.
The basics
Why this matters
The Central Bureau of Investigation (CBI) is India's premier investigating agency, yet it cannot walk into a State on its own. Its powers come from the Delhi Special Police Establishment Act, 1946, a law that makes the CBI's work inside a State depend on that State's permission. Bihar's notification of 3 September 2026 shows this permission is still a live question.
- 1941Special Police Establishment set up to probe corruption in wartime purchases
- 1946Delhi Special Police Establishment Act gives it a permanent legal base
- 1963A government resolution names it the Central Bureau of Investigation
- 2010Constitution Bench: constitutional courts can order CBI probes without State consent in exceptional cases
- 2018West Bengal withdraws general consent
- 2024Karnataka withdraws general consent
- 2026Bihar makes prior consent mandatory for probes into its employees
Two keys to one door
Under Section 5 the Centre can extend the CBI's powers to the area of a State. Under Section 6 the CBI still cannot use those powers there without the State government's consent. This design follows the Constitution: police and public order are in the State List, and Union List Entry 80 allows the police powers of one area to be extended to another only with the consent of the State concerned. See Police in the Seventh Schedule.
- 1Centre extends powersA notification under Section 5 extends the CBI's powers to the State's area
- 2State gives consentUnder Section 6, either general consent for a class of cases or specific consent for one case
- 3CBI registers the caseThe CBI files an FIR and investigates offences notified by the Centre
- 4Or a court steps inThe Supreme Court or a High Court may direct a CBI probe even without consent, in exceptional cases
General versus specific consent
When a State withdraws its standing general consent, the CBI must seek specific consent for each case, explained in General and specific consent. Bihar has chosen a middle path: general consent for Central employees and private persons, but specific consent for its own public servants.
- Standing permission for a class of cases
- CBI can register cases without asking each time
- Can be withdrawn by the State at any time
- Given for one case at a time
- State decides each request on its merits
- Used when general consent is withdrawn or restricted
The escape hatch
Consent is not absolute. Constitutional courts can direct the CBI to investigate even where a State objects, though sparingly. See Court-ordered CBI probes.
Go deeper
In one line: Bihar has made its prior permission compulsory before the CBI can investigate State government employees, while keeping standing permission for probes into Central employees and private persons.
Why it matters for UPSC
The CBI's dependence on State consent is a classic Mains theme under federalism and anti-corruption institutions. UPSC asked about it directly in 2021. Prelims can test the Act, the section, the Constitution's entries and the court rulings.
The core idea
The CBI is not created by a CBI Act. It works under the Delhi Special Police Establishment Act, 1946, which lets the Centre extend the agency's powers to a State but requires the State's consent before those powers are used. Consent may be a standing permission or a case-by-case one, a distinction explained in General and specific consent. The rule exists because the Constitution puts police in the State List, as set out in Police in the Seventh Schedule. Courts, however, keep a way around a State's refusal: see Court-ordered CBI probes.
Numbers and dates to remember
- 1941: Special Police Establishment set up
- 1946: DSPE Act enacted
- 1963: agency named Central Bureau of Investigation
- 2010: Constitution Bench allows court-ordered probes without consent in exceptional cases
- 3 September 2026: Bihar memorandum No. 10770
- States that withdrew general consent include West Bengal (2018), Kerala, Jharkhand, Punjab (2020), Meghalaya (2022), Tamil Nadu (2023), Karnataka (2024)
Where to go next
- Delhi Special Police Establishment Act, 1946: the law that creates the CBI's powers and their limits
- General and specific consent: the two ways a State lets the CBI in
- Police in the Seventh Schedule: why the Constitution gives States the key
- Court-ordered CBI probes: when judges can bypass a State's refusal
Go deeper: safeguard or shield?
The case for consent rests on the federal design. Police is a State subject, and a central agency answering to the Union government can be used against State governments run by rival parties. States that withdrew general consent, such as West Bengal, Kerala, Tamil Nadu and Karnataka, cited exactly this fear. In 2024 the Supreme Court held West Bengal's original suit under Article 131 against the Union over CBI cases maintainable, which treats the quarrel as a genuine Centre-State dispute. The rule is rooted in Police in the Seventh Schedule.
The case against is about accountability. Corruption rarely respects the line between Central and State officials. If a State can refuse consent for probes into its own officers, it can shield them. Bihar's own notification makes this point visible: it opens the door for probes into Central employees but keeps it shut for State employees unless the State agrees, as described in General and specific consent.
The Bihar government's reply is that nothing new has happened, since prior consent for State employees dates from a 1996 notification, and the order only updates the list of laws. Either way, the episode shows that the Delhi Special Police Establishment Act, 1946 leaves the CBI's reach to executive choices.
The judiciary has built a balance. The 2010 Constitution Bench ruling lets constitutional courts order probes without consent, but only sparingly, as explained in Court-ordered CBI probes. The Supreme Court's 2013 'caged parrot' remark showed that distrust of the CBI is not only a State concern. Reform proposals usually include a separate statute for the CBI, time-bound decisions on consent, and stronger insulation of the Director through the selection committee of the Prime Minister, Leader of Opposition and Chief Justice.
Delhi Special Police Establishment Act, 1946
The law behind the CBI's powers and their limits
In one line: The Delhi Special Police Establishment (DSPE) Act, 1946 is the statute under which the CBI investigates, and it ties the agency's work in a State to that State's consent.
Where it came from
The Special Police Establishment was set up in 1941 to investigate corruption in wartime purchases. After the war, the DSPE Act of 1946 made it permanent. In 1963 a government resolution gave it the name Central Bureau of Investigation. There is still no separate CBI Act.
The key sections
Section 5 lets the Centre extend the agency's powers and jurisdiction to other areas, including States. Section 6 then says those powers cannot be exercised in a State without the consent of its government. Offences the CBI can probe are notified by the Centre.
Why it is in the news
Bihar's 3 September 2026 memorandum was issued under Section 6.
Where to go next
General and specific consent
The two ways a State lets the CBI in
In one line: A State can let the CBI in through a standing general consent or through specific consent given case by case.
The two forms
General consent is a blanket permission for a class of cases. It lets the CBI register cases without asking each time, and it stays until the State withdraws it. Specific consent is given for one case at a time after the State examines the request.
Why States withdraw it
West Bengal withdrew general consent in 2018; Kerala, Jharkhand and Punjab in 2020; Meghalaya in 2022; Tamil Nadu in 2023; Karnataka in 2024. Karnataka's Law Minister said the agency had not been judicious in the use of its powers, and that court-ordered probes would still be followed.
Bihar's middle path
Bihar keeps general consent for Central employees and private persons but requires specific consent for its own public servants and State-aided bodies.
Where to go next
Police in the Seventh Schedule
Why the Constitution gives States the key
In one line: The Constitution places police and public order with the States, which is why a central investigating agency needs a State's consent to work there.
The entries
Public order and police are Entries 1 and 2 of the State List. The Union List has Entry 8 on the Central Bureau of Intelligence and Investigation, and Entry 80 on extending the powers of police belonging to one area to another area, but not without the consent of the State concerned.
What this means
The Centre can create and control a central agency, but it cannot simply send it into a State's territory to police matters there. The DSPE Act's consent rule mirrors Entry 80.
The federal angle
Withdrawals of consent have turned the CBI into a regular subject of Centre-State friction, including suits under Article 131.
Where to go next
Court-ordered CBI probes
When judges can bypass a State's refusal
In one line: The Supreme Court and High Courts can direct the CBI to investigate even without a State's consent, but only in exceptional cases.
The 2010 ruling
In 2010 a Constitution Bench of the Supreme Court held that the constitutional courts, as protectors of fundamental rights, can order a CBI investigation into an offence in a State without the State's consent. It added that this power must be used sparingly and cautiously, for example where the case has national or international ramifications or where it is needed to do complete justice.
Why it matters now
When a State refuses or withdraws consent, petitioners often go to court. Karnataka acknowledged this in 2024, saying court directions would be followed.
The limit
Courts do not replace the consent system; they act as a safety valve.
Where to go next
Take the 6 September 2026 quiz: 30 Prelims-style questions with answers