Context: Jharkhand has joined the bandwagon of Opposition-ruled states that have withdrawn general consent for an investigation by the Central Bureau of Investigation (CBI). Several other states such West Bengal, Rajasthan, Maharashtra and Kerala had withdrawn their general consent earlier. The move, which makes it necessary for the central agency to get the state government's permission to conduct investigations in the state, comes a day after Kerala also withdrew the privilege. The CBI is governed by the Delhi Special Police Establishment Act (DPSEA). This law makes the CBI a special wing of Delhi Police and thus its original jurisdiction is limited to Delhi. Recently, a Calcutta High Court order expanded its jurisdiction to investigate the central government employees in West Bengal without seeking specific consent of the state government. For other matters, the CBI needs consent of the state government in whose territorial jurisdiction, the CBI has to conduct an investigation. This is unlike other central government agencies, for example, the National Investigation Agency (NIA), which by law, enjoys an all-India jurisdiction. 
General Consent

• Unlike the National Investigation Agency (NIA), which is governed by its own NIA Act and has jurisdiction across the country, the CBI is governed by the Delhi Special Police Establishment Act.
• This makes consent of a state government mandatory for conducting an investigation in that state.
• There are two kinds of consent: case-specific and general.
• Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.

When is Consent needed?

• General consent is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state. Almost all states have given such consent.
• Otherwise, the CBI would require consent in every case.
• For example, if it wanted to investigate a bribery charge against a Western Railway clerk in Mumbai, it would have to apply for consent with the Maharashtra government before registering a case against him.

Impact of Withdrawal of General Consent

• It means the CBI will not be able to register any fresh case involving a central government official or a private person stationed in these two states without getting case-specific consent.
• Withdrawal of consent will only bar the CBI from registering a case within the jurisdiction of these states. However, the CBI could still file cases in Delhi and continue to probe people inside the two states.
• In simple terms withdrawal of consent simply means that CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.
• It will have no impact on investigation of cases already registered with CBI as old cases were registered when general consent existed.

Under what provision has general consent been withdrawn?

• Section 6 of the Act says nothing contained in Section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union Territory or Railway, area, without the consent of the Government of that State.
• In exercise of the power conferred by Section 6 of the Delhi Special Police Establishment Act, 1946, the government can withdraw the general consent to exercise the powers and jurisdiction.

Does that mean that the CBI can no longer probe any case in the two states?

• The CBI would still have the power to investigate old cases registered when general consent existed.
• Also, cases registered anywhere else in the country, but involving people stationed in Andhra Pradesh and West Bengal would allow CBI’s jurisdiction to extend to these states.
• There is ambiguity on whether the agency can carry out a search in either of the two states in connection with an old case without the consent of the state government.

Why such a move by the States?

• If a state government believes that the ruling party’s ministers or members could be targeted by CBI on orders of the Centre, and that withdrawal of general consent would protect them.
• This is a debatable political assumption.
• CBI could still register cases in Delhi which would require some part of the offence being connected with Delhi and still arrest and prosecute ministers or MPs.
• The only people it will protect are small central government employees.

Legal Remedies for CBI

• The CBI can always get a search warrant from a local court in the state and conduct searches.
• In case the search requires a surprise element, there is CrPC Section 166, which allows a police officer of one jurisdiction to ask an officer of another to carry out searches on his behalf.
• And if the first officer feels that the searches by the latter may lead to loss of evidence, the section allows the first officer to conduct searches himself after giving notice to the latter.

About Central Bureau of Investigation (CBI)

• Origins of CBI can be traced back to the Special Police Establishment (SPE) set up in 1941 in order to cases of bribery and corruption in War & Supply Department of India during World War II.
• The need of a Central Government agency to investigate cases of bribery and corruption was felt even after the end of World War II.
• So, DSPE (Delhi Special Police Establishment) Act, 1946 was brought that gave legal power of investigating cases to CBI.
• CBI is not a statutory body as it is not established by an Act of the Parliament.
• CBI investigates cases related to economic crimes, special crimes, cases of corruption and other high-profile cases.
• CBI comes under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions.
• CBI is exempted from Right to Information (RTI) Act similar to the National Investigating Agency (NIA), National Intelligence Grid (Natgrid), etc.

Road Ahead

• The issue of the CBI and General consent in the states is highly politicised issue and it should not be done. The truth must come out that the CBI is best or other is in the best position to ensure that it brings out the truth in most of the cases and it does so almost all of the time. Don't upstart the "Applecart" this is a system that has been working for decades now, So please go with it untill we get a better system and also CBI needs to work without fear or favor and that's the best way forward. As far as CBI is concerned the entire ecosystem is extremely conducive where as the state government or the state investing agencies do not have the same kind of ecosystem and they are in a class of their own that is the CBI and that,s whu the CBI must have complete control of most of the cases that it handles.