Source: The Indian Express 

Introduction 

The Supreme Court of India upheld the maintainability of West Bengal's suit against the Union government. The case accuses the Centre of "constitutional overreach" by allowing the CBI to operate in the state despite withdrawn consent. The Court rejected the Centre's objections, ruling that the government does indeed control the CBI. 

What is the Background and Court Observation in matter of State of West Bengal v. Union of India,2021? 

• Background: 
  • In November 2018, the West Bengal government withdrew its general consent that allowed the Central Bureau of Investigation (CBI) to operate within the state.  
  • Despite this withdrawal, the CBI continued to register First Information Reports (FIRs) and conduct investigations in West Bengal. 
  • In response, the state government filed a suit against the Union government in the Supreme Court under Article 131 of the Indian Constitution.  
  • The suit accused the Centre of "constitutional overreach" by allowing the CBI to function in the state without consent. 
  • This legal action aimed to challenge the CBI's authority to operate in West Bengal after the revocation of general consent, setting the stage for a significant federal dispute between the state and central governments. 
• Court Observations: 
  • The Supreme Court upheld the maintainability of West Bengal's suit against the Union government. 
  • The bench rejected the Centre's preliminary objections, including the argument that the CBI is an independent agency. 
  • The Court ruled that the CBI is under the administrative control of the Union Government, citing provisions of the Delhi Special Police Establishment (DSPE) Act, 1946. 
  • The bench stated that the suit raises a valid legal issue regarding the CBI's authority to register FIRs and investigate cases after the withdrawal of general consent. 
  • The Court emphasized that its current findings are only for determining maintainability and will not impact the final decision on the suit.  

What is CBI ? 

• Central Bureau of Investigation (CBI) is the premier investigating police agency in India. 
  • It provides assistance to the Central Vigilance Commission and Lokpal. 
• It functions under the superintendence of the Department of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India - which falls under the prime minister’s office. 
  • However for investigations of offences under the Prevention of Corruption Act, its superintendence vests with the Central Vigilance Commission. 
• It is also the nodal police agency in India which coordinates investigation on behalf of Interpol Member countries. 
• Its conviction rate is as high as 65 to 70% and it is comparable to the best investigation agencies in the world. 
• CBI is not a statutory body but an investigative agency of the Centre.  
• They contended that under the Delhi Special Police Establishment,1946 (DSPE Act), CBI’s supervision is with the Central Vigilance Commission (CVC) only in respect of the offenses related to the Prevention of Corruption Act and that for all other matters, it vests in the central government. 

How CBI Form? 

• The CBI's roots trace back to the Special Police Establishment (SPE) formed in 1941 during World War II to investigate war-related corruption. 
• The Delhi Special Police Establishment (DSPE) Act, 1946 formalized this agency to probe corruption in the Government of India. 
• The CBI is not a statutory body but derives its investigative powers from the DSPE Act, 1946. 
• The Santhanam Committee on Prevention of Corruption (1962-1964) recommended establishing the CBI. 
• In 1963, the Government of India established the CBI to investigate serious crimes including:  
  • Threats to national defense 
  • High-level corruption 
  • Major fraud and embezzlement 
  • Social crimes like hoarding and black-marketing 
  • Cases with all-India and inter-state implications 
• Over time, the CBI's scope expanded to include conventional crimes such as assassinations, kidnappings, hijackings, and extremist activities. 

What is General Consent in the DSPE Act? 

• Section 6 of DSPE Act requires CBI to obtain state consent for investigations. 
• General consent is blanket permission from states to CBI for operations. 
• It allows CBI to investigate without case-by-case approval. 
• There are two types of consent – General consent and Specific consent. 
  • When a state gives general consent, the CBI does not need to seek permission for every case. 
  • However, if the general consent is withdrawn, the CBI needs to seek specific case-by-case consent from the state. 
• Several opposition-ruled states have withdrawn their general consent for CBI investigations, which has hampered the CBI’s ability to freely investigate cases of corruption involving central government employees in those states. 
  • The states that have withdrawn are- Mizoram, West Bengal, Andhra Pradesh, Chhattisgarh, and then states of Punjab, Maharashtra, Rajasthan, Kerala, and Jharkhand (2020). 
  • Telangana, Tamil Nadu, and Meghalaya withdrew general consent in 2022. 
• General consent facilitates probes into central government employee corruption. 
•  No consent needed for Union territories or railway areas. 
•  States can grant or withdraw general consent at will. 
•  Withdrawal requires CBI to seek specific permission for each case. 
•  Several states have revoked consent since 2015, alleging misuse. 
•  Revocation significantly restricts CBI's ability to initiate new cases in those states. 
•  Higher courts can still direct CBI investigations despite lack of general consent. 
•  This provision balances central investigative powers with state autonomy. 

How Does the Supreme Court View the CBI's Relationship with the Union Government? 

• The Supreme Court ruled that the CBI is not an entirely independent agency. 
• The CBI is established, operated, and empowered under the Delhi Special Police Establishment (DSPE) Act, 1946. 
• The central government exercises superintendence over the CBI for most offenses. 
• For cases under the Prevention of Corruption Act, the Central Vigilance Commission has superintendence. 
• The Union government is closely involved with the CBI's functions and operations. 
• This ruling affirms that the CBI is under significant control of the Union government, contrary to claims of complete independence. 

Who Appoint CBI Director? 

• The CBI Director is responsible for the organization's administration as Inspector General of Police, Delhi Special Police Establishment. 
• Until 2014, appointments were based on the DSPE Act, 1946. 
• In 2003, the DSPE Act was revised following Supreme Court recommendations in the Vineet Narain case. 
• The 2014 Lokpal Act established a new appointment committee: Prime Minister (chair), Leader of Opposition, and Chief Justice of India or a Supreme Court Judge. 
• The Home Ministry provides a list of eligible candidates to DoPT, which finalizes candidates based on seniority, integrity, and anti-corruption investigation experience. 
• The CVC Act, 2003 provides a two-year tenure security for the CBI Director. 
• In 2021, presidential ordinances allowed extension of CBI and ED Directors' tenures from two to up to five years. 
• DSPE Act amendments permit one-year extensions, up to a total of five years, based on committee recommendations and public interest. 

Conclusion  

The Supreme Court's ruling on West Bengal's suit reaffirms the significant control the Union government exercises over the CBI under the DSPE Act, despite claims of the agency's independence. This decision marks a critical juncture in federal-state relations concerning investigative powers, with implications for the autonomy of states and the administration of justice in India.