State Consent for CBI Investigations

The Central Bureau of Investigation exercises police powers through the Delhi Special Police Establishment Act, 1946. When it investigates within a State, the Central Government's extension of jurisdiction and the concerned State Government's consent generally operate as separate legal requirements.

Statutory scheme

The Act creates a sequence governing the CBI's territorial and subject-matter jurisdiction.

• Under Section 3, the Central Government specifies the offences that the Delhi Special Police Establishment may investigate.
• Under Section 5, the Central Government may extend its members' powers and jurisdiction to an area within a State.
• Under Section 6, such powers cannot ordinarily be exercised in a State without that State Government's consent. The provision excludes Union territories and railway areas from this consent requirement.

Forms and withdrawal of consent

The Act does not use the expressions general and specific consent, but State Governments grant consent in these administrative forms.

• General consent allows the CBI to register and investigate cases within its scope without obtaining fresh permission for every case.
• Where general consent is absent or withdrawn, the CBI ordinarily requires specific consent for a new case within that State.
• Withdrawal operates prospectively and does not invalidate an investigation already validly commenced, as recognised in Kazi Lhendup Dorji v CBI (1994).

Constitutional position and judicial exception

Police is principally a State subject under Entry 2 of the State List, while Entry 80 of the Union List reflects the consent-based limitation on extending police jurisdiction across States.

• The Supreme Court and High Courts may order a CBI investigation without State consent under Articles 32 and 226 respectively.
• In State of West Bengal v Committee for Protection of Democratic Rights (2010), the Supreme Court held that this constitutional power does not violate federalism, but should be exercised sparingly in exceptional situations.