Why Are Some States Withdrawing “General Consent” to the CBI?
Several Indian States have withdrawn the general consent granted to the Central Bureau of Investigation (CBI) under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946. This move has significant constitutional, federal, and accountability implications.
The Immediate Reason
Under Indian law, police and public order are State subjects. The CBI, being a central agency, cannot automatically exercise police powers in a State without the State’s consent. States that withdraw general consent assert their constitutional authority under the federal structure.
Deeper Political and Institutional Concerns
States have cited the following reasons:
- Alleged misuse of the CBI for political targeting
- Concerns over selective investigations
- Fear of erosion of State autonomy
- Perceived lack of institutional independence of the CBI
- Increasing raids and investigations involving elected representatives
According to official government data released through the Press Information Bureau, multiple States withdrew general consent between 2015 and 2020 cbi.
What Is “General Consent” Under the DSPE Act?
Legal Meaning
General consent is a standing permission given by a State Government allowing the CBI to:
- Register FIRs
- Conduct investigations
- Carry out searches and arrests
within the territory of that State without seeking prior approval in each individual case.
This consent is granted under Section 6 of the DSPE Act, 1946.
Why General Consent Matters
Without general consent:
- The CBI cannot suo motu register new cases in that State
- Each case requires case-specific consent from the State Government
Which States Have Withdrawn General Consent?
As per official PIB information, the following States have withdrawn general consent (with dates):
- Mizoram – 17.07.2015
- West Bengal – 16.11.2018
- Chhattisgarh – 10.01.2019
- Rajasthan – 19.07.2020
- Maharashtra – 21.10.2020
- Kerala – 04.11.2020
- Jharkhand – 05.11.2020
- Punjab – 06.11.2020
This information was officially placed before Parliament by the Union Government cbi.
Does Withdrawal of General Consent Mean the CBI Cannot Investigate at All?
No. This is a common misunderstanding.
Even after withdrawal of general consent, the CBI can still investigate cases in the following situations:
1. With Case-Specific State Consent
The State Government may still grant permission for a particular case.
2. On Directions of Constitutional Courts
The Supreme Court of India or a High Court can directly order a CBI investigation, overriding the need for State consent.
3. For Central Government Employees
Cases involving Central Government officials or matters with inter-State or national implications may still fall within CBI jurisdiction.
4. Continuing Old Cases
Withdrawal of consent is prospective, not retrospective.
Cases registered before withdrawal continue unaffected.
Constitutional and Accountability Implications
The withdrawal of general consent raises serious public-interest concerns:
- Fragmentation of national anti-corruption efforts
- Reduced uniformity in investigation of complex financial crimes
- Increased reliance on courts to order investigations
- Growing tension between federalism and national accountability mechanisms
Official data also shows that between 2016 and 2020, the CBI conducted searches at the premises of 42 public representatives, highlighting the political sensitivity surrounding CBI operations cbi.
Why This Issue Matters to Citizens
- Corruption and financial crimes often cross State boundaries
- Citizens’ access to an independent investigative agency becomes limited
- Victims may be forced into prolonged litigation merely to secure an investigation
- Transparency and rule of law are weakened when investigations depend on political consent
Helpful Foundation’s Position
Helpful Foundation believes that:
- Investigative independence is essential in a constitutional democracy
- The current consent-based framework requires urgent legislative and institutional reform
- A transparent, accountable, and autonomous national investigation mechanism is necessary
- Federal principles must coexist with citizens’ right to impartial justice
Conclusion
Withdrawal of general consent does not eliminate the CBI, but it significantly restricts its automatic functioning. The issue lies at the intersection of federalism, accountability, and the rule of law—and directly affects the public’s access to justice.