Maharashtra withdraws general consent to CBI

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News: Maharashtra government has withdrawn its general consent to the Central Bureau of Investigation(CBI).

Facts:

  • What is consent? CBI is governed by the Delhi Special Police Establishment Act,1946 that makes consent of a state government mandatory for conducting investigation in that state.
  • Types: There are two kinds of consent:
    • Case Specific: As CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.
    • General consent: It is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state.Almost all states have given such consent.
  • What does general consent withdrawal mean? It means the CBI will not be able to register any fresh case involving a central government official or a private person stationed in the state without getting case-specific consent.
  • Does that mean that the CBI can no longer probe any case in the two states? No, CBI would still have the power to investigate old cases registered when general consent existed.Also, cases registered anywhere else in the country, but involving people stationed in Maharashtra would allow CBI’s jurisdiction to extend to this state.

Additional Facts:

  • CBI: It is the premier investigating police agency in India which functions under the Department of Personnel, Ministry of Personnel, Pension & Public Grievances.It is governed by the provisions of the DSPE Act,1946.