Why in news
The Supreme Court upheld the maintainability of an original suit filed by West Bengal, which accuses the Centre of “constitutional overreach” and violating federalism by unilaterally employing the Central Bureau of Investigation without the State’s prior consent
Legal battles & CBI role
The judgment noted that the Union government was “vitally concerned” with the CBI, saying that this was plainly evident from the fact that only offences notified by the Centre could be investigated by the CBI under the Delhi Special Police Establishment (DSPE) Act, the statute which governs the premier probe agency.
Under Section 4 of the DSPE Act, except the offences under the Prevention of Corruption Act, the superintendence of the DSPE in all other matters would vest with the Central government
The jurisdiction of the Central Bureau of Investigation(CBI) regarding lodging an FIR and conducting a 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
In India’s federal structure, the CBI operates with limited jurisdiction without state consent.
The federal character necessitates cooperation, but states can withhold consent under certain circumstances.
This balance ensures collaborative federalism, preventing misuse while upholding the need for national agencies in certain cases, exemplifying India’s intricate governance structure
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