Recently Supreme Court of India has invalidated section 6A of Delhi Special Police Establishment Act...........

Indian Polity Legal Issues

Recently Supreme Court of India has invalidated section 6A of Delhi Special Police Establishment Act (DSPEA). Which of the following is true about DSPEA?

Empowers CBI with undemocratic powers.

Requires CBI to get prior permission of concerned state government to enquire any act of terrorism in the state.

Requires CBI to get prior sanction from the government to probe the senior bureaucrats on corruption charges.

None of the above

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Explanation:

Section 6A in the Delhi Special Police Establishment Act, 1946

Approval of Central Government to conduct inquiry or investigation.—

(1) The Delhi Special Police Establishment shall not conduct any inquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, 1988 (49 of 1988) except with the previous approval of the Central Government where such allegation relates to—

(a) the employees of the Central Government of the Level of Joint Secretary and above; and

(b) such officers as are appointed by the Central Government in corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by that Government.

(2) Notwithstanding anything contained in sub-section (1), no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification other than legal remuneration referred to in clause (c) of the Explanation to section 7 of the Prevention of Corruption Act, 1988 (49 of 1988).]