About CBI

• The Central Bureau of Investigation (CBI) traces its origins to the Special Police Establishment, a Central Government Police force, which was set up in 1941 by the British to investigate bribery and corruption.
• In 1963, the Home Ministry expanded its power and changed its name to the Central Bureau of Investigation. It is governed by the Delhi Special Police Establishment Act (DSPE), 1946.
• The CBI was established with a view to investigate serious crimes related to Defence of India, corruption in high places, serious fraud, cheating and embezzlement and social crime, particularly of hoarding, black-marketing and profiteering in essential commodities, having all-India and inter-state ramifications. 
• CBI acts as an interface between the law enforcement agencies of India and other countries to ensure cooperation. It facilitates exchange and sharing of information by these agencies.

Supervision over CBI

• The superintendence of CBI related to investigation of offences under the Prevention of Corruption Act, 1988 lies with the Central Vigilance Commission (CVC) and in other matters with the Department of Personnel & Training (DOPT) in the Ministry of Personnel, Pension & Grievances.

CBI Director

• Before the lokpal act was legislated, the CBI director was appointed by the DSPE Act. Now, the Lokpal and Lokayuktas Act, 2013 governs the appointment of the CBI director.
• Now, the CBI director is appointed by the Centre on the basis of the recommendation of a search committee comprising: 
  • the Prime Minister as the chairperson, 
  • the Chief Justice of India and 
  • the Leader of Opposition.
• In the absence of a formal Leader of Opposition in the Lok Sabha, the leader of the floor of the largest opposition party takes part in the search committee meetings.

Requirement of Consent

• The CBI is governed by the Delhi Special Police Establishment Act, 1946 which grants the CBI power to investigate a case in Delhi, without any permission, since it is part of the Centre. 
• However, in all the states, the CBI needs the consent of the state to investigate any case relating to that state or having jurisdiction of that state.
• The Central police cannot investigate or enter the state without the consent since police and public order are state subjects and the Centre cannot intervene in law and order matters. 
• The CBI can initiate suo motu investigations only in Union Territories, under section 2 of the DSPE Act.
• The Supreme Court and High Courts, however, can order the CBI to investigate such a crime anywhere in the country without the consent of states.

Types of consent

• There are two kinds of consent: case-specific and general. 
  • “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. 
  • Otherwise, the CBI would require consent in every case. 
• When a state withdraws its general consent, the CBI will not be able to register any fresh case involving a central government official or a private person stationed in such states without getting case-specific consent. 
• However, there will be no bar on investigation into cases that are already being probed by the CBI. The CBI cannot file any new FIRs in any new cases.

Why in News?

•  The Supreme Court has upheld the maintainability of the West Bengal government’s suit accusing the Union government of “constitutional overreach” by employing CBI to register and investigate cases in the State despite its withdrawal of general consent in 2018. 
• The Court ruled that the suit discloses a valid cause of action and must be heard on merits. 

Withdrawal of General consent

• General consent is typically given by States to facilitate the agency’s seamless investigation into corruption charges against Central government employees in their territories. 
• However, since 2015, several States such as Chhattisgarh, Jharkhand, Kerala, Mizoram, Punjab, Rajasthan, Telangana, Meghalaya and West Bengal have revoked their general consent alleging that the Union government is misusing the federal agency to unfairly target the Opposition.