The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular state is being questioned by various States. However, the power of States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.
Question source: insightsonindia.com
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Bihar makes prior State consent mandatory for CBI probes into its employees · 6 September 2026 · Answers it directly · use it in the body
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.
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- Punchhi Commission
Policing and law and order friction between Centre and States is a Punchhi theme; use its recommendations on central forces and localised emergencies.