In India’s federal structure, the CBI operates with limited jurisdiction without state consent. The federal character necessitates cooperation, but states can withhold consent under certain circumstances. This balance ensures collaborative federalism, preventing misuse while upholding the need for national agencies in certain cases, exemplifying India’s intricate governance structure.
UPSC Mains General Studies Paper – 2 Mains 2021
UPSC Mains Civil Services IAS Exam Question Paper – 2021
Approach
- Start with a Brief introduction of the federal character within the context of the Central Bureau of Investigation (CBI).
- Define General Consent and implication of withdrawal of consent by states .
- Explain the jurisdiction of the CBI with reference to federalism.
- Give reasons for withdrawal of consent by states.
- Conclusion accordingly.
Answer
Introduction
- In India, the federal character of the country grants certain powers and autonomy to the states, allowing them to govern their internal affairs. The CBI draws its power from the DSPE Act, 1946 which deals with the extension of the power of CBI over states with the consent of the respective government. A recent example of the power struggle between the central government and state governments regarding the jurisdiction of the Central Bureau of Investigation (CBI) in India is the case of the State of West Bengal versus the CBI in 2021.
Body
General Consent and implication of withdrawal of consent by states: General consent refers to the principle in national law that allows states to voluntarily accept the jurisdiction of a particular international organisation, such as a court or tribunal, to resolve disputes or address specific matters. Chhattisgarh, Jharkhand, Kerala, Meghalaya, Mizoram, Punjab, Rajasthan, Telangana and West Bengal have withdrawn general consent to the CBI to investigate cases, he added.
The jurisdiction of the CBI with reference to federalism: The jurisdiction of the Central Bureau of Investigation (CBI) in the context of federalism can be understood by examining its powers and relationship with the central and state governments in India.The CBI’s jurisdiction includes the following areas:
- Offences against central government employees: The CBI has jurisdiction to investigate crimes committed against employees of the central government, such as bribery, corruption, or misconduct cases involving central government officials.
- Inter-state and international ramifications: The CBI has the authority to investigate cases that have inter-state or international ramifications, meaning cases that span across multiple states or have connections beyond India’s borders. This allows the CBI to handle cases involving organised crime, terrorism, human trafficking, money laundering, and other offences that require a nationwide or global perspective.
- Specific offences listed in the Delhi Special Police Establishment Act: The CBI can investigate offences specified in the Delhi Special Police Establishment Act, which include offences under the Prevention of Corruption Act, crimes related to the violation of certain central laws, and cases referred to the CBI by the courts or the central government.
Give reasons for withdrawal of consent by Indian states: The withdrawal of consent by Indian states typically occurs in the context of their relationship with the central government. While there can be various reasons for states to withdraw their consent, the following are some common factors:
- Disagreements on policy decisions: These disagreements can be related to issues such as economic policies, social welfare schemes, or the implementation of specific laws. Example: In 2020, several states in India expressed their disagreement and withdrew consent over the implementation of the Citizenship Amendment Act (CAA), which they believed was discriminatory and violated the principles of secularism enshrined in the Constitution.
- Federalism and state autonomy: States might argue that the central government is overstepping its jurisdiction and undermining the principles of federalism. Example: In 2020, the state of West Bengal withheld its consent to implement three central government schemes, namely Ayushman Bharat, PM-Kisan, and the Jal Jeevan Mission.
- Financial disputes and resource allocation: States may perceive unfair treatment or inadequate financial support from the central government, prompting them to withdraw their consent. Example: In 2021, the state of Kerala expressed its intention to withdraw its consent for the implementation of the new agricultural laws introduced by the central government.
- Political differences and partisan considerations: States may use their withdrawal as a political tool to assert their positions or challenge the policies of the ruling party at the central level. Example: In 2018, the state of Telangana withdrew its consent to the implementation of the National Population Register (NPR) and the National Register of Citizens (NRC), which were proposed by the central government.
Implication of withdrawal of consent by Indian states: The withdrawal of consent by Indian states can have several implications, affecting various aspects of governance and the relationship between the central government and the states. Here are some implications of such withdrawals:
- Legal and Constitutional Challenges: The withdrawal of consent by states can lead to legal and constitutional challenges. States may challenge the validity or legality of central government policies or actions that they believe infringe upon their rights or are unconstitutional. This can result in legal battles and disputes that may ultimately be settled by the judiciary.
- Strained Centre-State Relations: The withdrawal of consent can strain the relationship between the central government and the states. It can lead to increased tension, mistrust, and a breakdown in communication between the two levels of government. This strained relationship can hinder effective governance and cooperation in matters of national importance.
- Disruption of Policy Implementation: When states withdraw consent, it can disrupt the implementation of central government policies and schemes within those states. The state governments may refuse to participate in or cooperate with the implementation process, leading to delays or even complete non-compliance. This can hinder the effectiveness and impact of centrally planned initiatives.
- Political Consequences: The withdrawal of consent can have political consequences at both the state and national levels. It can become a focal point for political discourse and public opinion. State governments may use the withdrawal as a political tool to rally support, challenge the ruling party at the central level, or strengthen their own regional identity. The central government, on the other hand, may face criticism or backlash for its handling of the situation.
- Economic Impacts: The withdrawal of consent can have economic implications, particularly in areas such as resource allocation and financial assistance from the central government. States may lose out on funds, grants, or other forms of financial support, affecting their ability to implement development projects or provide essential services.
Conclusion
- Hence, we can say that the jurisdiction of the CBI should be exercised in a manner that respects the division of powers between the central government and the states, ensuring a fair and efficient investigative process while preserving the principles of federalism in India.
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