Why in news?

• Recently, the Maharashtra Government restored general consent for the CBI. So, it will no longer require the permission of the state government to open investigations in the state.

Why is the consent of states needed?

• CBI is governed by The Delhi Special Police Establishment (DSPE) Act, 1946, and it must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state.
• Section 6 of The DSPE Act (“Consent of State Government to exercise of powers and jurisdiction”) mentions the need for  consent of the Government of that State.”
• The CBI’s position is in this respect different from that of the National Investigation Agency (NIA), which is governed by The NIA Act, 2008, and has jurisdiction all over the country.

What is the general consent for CBI?

• The consent of the state government to CBI can be either case-specific or “general”.
• General consent is normally given by states to help the CBI in the seamless investigation of cases of corruption against central government employees in their states. This is essentially consent by default, which means CBI may begin investigations taking consent as having been already given.
• In the absence of general consent, CBI would have to apply to the state government for its consent in every individual case, and before taking even small actions.

Withdrawal of consent

• Traditionally, almost all states have given CBI general consent. However, since 2015, several states have begun to act differently.
• Meghalaya became the ninth state to have withdrawn consent to the CBI — after Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala, and Mizoram. Out of these states, Maharashtra has now reversed its decision and restored general consent.

Reference:

1. https://indianexpress.com/article/explained/everyday-explainers/cbi-general-consent-eknath-shinde-maharashtra-government-8223269/