Central Bureau of Investigation (CBI)

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The recent statement made by the government to the Supreme Court clarified that the Central Bureau of Investigation (CBI) operates independently and is not directly controlled by the government. The government also mentioned that it does not oversee the CBIs FIR registrations or investigations. This response was a result of an action initiated by the West Bengal Government expressing concerns, about the CBIs continued investigations despite the state withdrawing its consent for the agency’s operations.

Types of Consent:

Compulsory Consent Requirement:

Before commencing investigations within a state the CBI must seek approval from the state government. This condition is specified in Section 6 of the Delhi Special Police Establishment (DSPE) Act.

Specific Case Consent: Essential for every investigation initiated by the CBI within a state.

General Consent: Issued by the state government to the CBI enabling investigation of corruption cases involving government employees in that state without necessitating approval for each individual case.

Structure the CBI:

It is a constitutional and non-statutory organization that derives its investigative powers from the Delhi Special Police Establishment Act of 1946. It serves as India’s agency for coordinating investigations on behalf of Interpol member countries and operates under the Department of Personnel within Ministry of Personnel, Pension and Public Grievance.